MIJAJILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions Judge, Panna in S.T. No. 49/94, decided on 26.03.96.

(2.) Appellant has been convicted under Section 306 of IPC and sentenced to rigorous imprisonment for three years with fine of Rs. 1000/-, in default further rigorous imprisonment for three months, by the impugned judgment.

(3.) According to prosecution, on 27.06.94 at village Kamalpura, District Panna deceased Mangaldeen @ Hakke Patel had gone to the place of Appellant to collect the price of wheat sold to him, but the Appellant did not make payment. Deceased Mangaldeen (hereinafter to be referred as 'deceased') then came back and sat on the platform of Jhurre Patel. After sometime, Appellant came there, abused the deceased and alleged that he had stolen his Rs. 2150/-and asked back for his money. Deceased denied to have taken his money, but the Appellant said that he was making lie and he should eat Celphos and die. Appellant also gave beating to the deceased, then Jhurre Patel, Mohan and Baiju Patel intervened and came to his rescue. Deceased came to his house and narrated the whole incident to his father and mother. Next day, on 28.6.94 about 10 'O'clock in the morning Appellant again came to his house and made false allegation of theft of his Rs. 2150/ against the deceased and asked for this amount from his father. The father and uncle of the deceased kept the money before the Appellant and said that if any theft has taken place, he can pick up the money. Appellant then picked up Rs. 2150/-saying if the deceased had any prestige, he should consume Celphos and die. Being harassed by all this, deceased consumed Celphos tablet; when he felt pain in his stomach he went to the Police Station alongwith his father, uncle and other members of his family, lodged the FIR, on the basis of which an offence was registered against the Appellant and was investigated. Deceased was sent for medical examination; he was admitted in the hospital, but he died during treatment. The intimation of his death was sent to the Police by the hospital authorities, whereupon merg intimation was recorded and merg inquest report was prepared. The dead body of deceased was sent for postmortem examination. His viscera was preserved and sent for chemical examination. After due investigation, Appellant was prosecuted under Section 306 of IPC and was put to trial.