RELSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed by the accused, against Sessions Judge, Kannod in S.T. No. 40/97 whereby the appellant was convicted for offence u/s 302 of the IPC and sentenced to life imprisonment.

(2.) THE prosecution case, in brief, was that on 11.11.1996 at about 4 p.m., when deceased Mangilal was going to jungle, the appellant stopped him and started giving him lathi blows. Raytibai (PW 1) and Jhaklibai (PW 2) came, hearing alarm made by the Mangilal. They intervened. The deceased lodged report on 12.11.1996 at outpost Harangaon, crime No. 172/96 for offence u/Ss. 341, 504 and 323, IPC was registered at P.S. Khategaon. He was examined by Dr. Sureshchand Suryavanshi (PW 5) who found the following injuries :

(3.) SHRI Amarsingh, LC for the appellant, submits that he does not challenge the fact that the appellant caused lathi blows to the deceased, as a result of which he died. He contends that the appellant could be convicted for offence u/s 304 II, IPC and not u/s 302, IPC as he had no intention to kill the deceased. The injury caused by the appellant was not sufficient in ordinary course of nature to cause death of the deceased. He further submits that the appellant has undergone incarceration for a period of more than two years and, therefore, he should be sentenced to the period already undergone. Shri Desai, learned Dy. A.G. in view of the evidence on record agrees that the appellant could be convicted for offence u/s 304 II, IPC but he contended that the sentence of two years is not adequate and, therefore, the appellant should not be sentenced to the period already undergone.