RAMESH, RAM PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The VIIIth Additional Sessions Judge, Jabalpur, vide impugned judgment dated 18.12.95, in Sessions Trial No. 828/92 recorded conviction of appellants/accused under Section 304 II of IPC, sentenced them to undergo rigorous imprisonment for 4 years and to pay fine of Rs. 1,000/- with default stipulation.

(2.) Being aggrieved, appellants/accused have preferred this appeal under Section 374(2) of the Code ofCriminal Procedure.

(3.) The prosecution case, in short, is that on 11.08.92 in the evening appellants were playing with Rajesh (deceased) in the cattle pound of village. Appellants returned to their home but deceased did not. Father of the deceased Harilal(PW-1) during search asked appellant Babloo regarding deceased but he did not give any information. Munnulal(PW-2) peon of Kanji House, when went in cattle pound to care cattles he saw the dead body of Rajesh there. Munnulal(PW-2) lodged marg intimation to Police Station Barela. Marg was registered vide No. 30/92. During the investigation of marg dead body was sent to post-mortem. Dr. D.K. Sakalle performed the autopsy on the dead body and opined that death was due to strangulation.