RAM SINGAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 22-9-1998 passed by the Addl. Sessions Judge, Manendragarh, Camp Court Surajpur, distt. Sarguja (Madhya Pradesh) (now Chhattisgarh) in S.T. 456/1993 whereby and whereunder he convicted the appellant for offence punishable under Section 304 part II of the Indian Penal (in brevity ' IPC ') and sentenced to undergo RI for 5 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo RI for 2 years.

(2.) In brief, case of the prosecution is that appellant is son-in-law of deceased Sampatram. On 26-8-1993, deceased, his wife Dilbasia, his son Jailal Bargah had gone to appellant's house on invitation of meals. Appellant quarreled with his wife on account of not cooking meals quickly. Jailal Bargah intervened. Appellant started beating to Jailal Bargah by hands and fists. Deceased also intervened, appellant being aggrieved caused injury on the head of the deceased from blunt side of axe. Deceased died after some time. Next day i.e. 27-8-1993, Jailal Bargah lodged report in PS Jhilmili. After completing the investigation a charge sheet was filed against him. Trial Court framed charge against him under Section 302 , IPC . After conclusion of trial, trial Court acquitted him from the charge punishable under Section 302 , IPC however convicted and sentenced him as aforesaid.

(3.) Hence, this appeal.