RAJU GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal under Section 374(2) of the Code of Criminal Procedure the accused/Appellant has questioned the legality and correctness of the judgment of conviction and order of sentence dated 10th March 1998 passed by learned II Additional Sessions judge, Bilaspur in Sessions Trial No. 329/97 whereby learned II Additional Sessions Judge after holding the accused/Appellant guilty for commission of the offence under Section 302 of the IPC sentenced him to undergo imprisonment for life and pay fine of Rs. 200/-, in default of payment of fine to further undergo S.I. for one month.

(2.) CASE of the prosecution, in brief, is that deceased Konda @ Vinod, aged about 6 years, was the step son of the Appellant. On 2-7-1997 Siya Bai, wife of the Appellant gave merg intimation of Ex.P/1 in police station Ratanpur to the effect that in the morning when she returned after working in the badi, her husband/Appellant informed her that he slapped the deceased two three times as he had passed urine in the pant. Thereafter, she again went to the badi for collecting firewood and when she returned from there at 12.00 noon she found her husband Raju carrying Konda @ Vinod towards Lalpur. Thereupon, she informed Kishan Singh, her brother-in-law who followed the Appellant towards Lalpur and both of them returned at about 1.00 p.m. and by that time Konda had died. She expressed her suspicion that her husband Raju had beaten the deceased as a result of which her son died. During merg inquiry inquest over the dead body was performed vide Ex. P/3 in the presence of the witnesses. Thereafter, dead body was sent for postmortem examination to primary Health Centre, Ratanpur vide Ex.P/6. Dr. N.K. Samdariya (P W-8) conducted the postmortem on the body of the deceased and submitted the report (P-10). Doctor performing autopsy found haematoma over left temporal parietal and occipital region, haematoma over lumber and lower chest region, backside fluid reddish blue colour, lacerated wound over chin and abrasion over tip of shoulder. On dissection the external injuries over head, fissured fracture of left temporal parietal region, fluid subdural clot over right side, fluid present, cerebral haemorrhage was found in subcutaneous, coagulated blood fluid present underneath skin. Other injuries were simple in nature and caused by hard and blunt object. Head injury was grievous in nature. On query whether the injuries over the head of the deceased were grievous and the same were caused as a result of beating or whether the injuries over the head could be as a result of accident due to fall or whether by throwing the deceased they were caused, the doctor opined that the injuries could be caused by smashing the child over the ground forcefully. He further opined that the fracture of the skull could not be caused by falling on the ground and the death was homicidal in nature. Spot map (P-8) was got prepared by the investigating officer. FIR (P-9) was registered on 5.07.1997 on the basis of report given by S.K. Rastogi, Sub-inspector. After completing investigation charge sheet was filed against the Appellant under Section 302 of the IPC in the court of chief judicial Magistrate, Bilaspur who in turn committed the case to the court of Sessions Judge from where II Additional Sessions Judge received the case on transfer for trial.

(3.) HOMICIDAL death of deceased is not in dispute.