YASHWANT Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 21-3-1995 passed by First Additional Sessions Judge, Mandla in S.T. No. 77/ 1994 by which the appellant was convicted for offence punishable under Section 304 (1) of IPC and was imposed a sentence of Rigorous Imprisonment for five years.

(2.) Prosecution's case in short, is that, deceased Sonulal was the maternal grand father of the appellant/accused. On 21-4-1994 at about 5 p.m. in the evening, the appellant/accused came to the house of the deceased and demanded for his claim. The deceased did not utter a single word in reply, then the appellant/accused started shouting. He threatened that either his claim be given to him else, he will kill the deceased. He assaulted the deceased on his ribs by 'Bans kifacli' (a portion of bamboo stick, which was broken in two parts from vertical direction). Deceased raised alarm for help, then Shankar Lal, who was also a grand son of the deceased, saved the deceased. The appellant also assaulted Shanker Lal on his back. He gave two slaps to Rajo Bai, sister of Shanker Lal. Then he also assaulted one Sukrati Bai, sister of the appellant/accused. At that time, since Sitaram and his wifeentered the scene of occurrence, the appellant/accused left the house. Shanker Lal went to call the Kotwar, but when the Kotwar came to the house, deceased had already expired. Shanker Lal, could not lodge an FIR in the late night but he lodged the FIR in Police Station, Mawai, District Mandla in the next morning at about 7 a.m. Police referred the dead body of the deceased Sonulal for post-mortem. In the post-mortem report (Exh. P-6), Dr. K.C. Meshram (P.W. 7) found that the body was badly decomposed. Skin from various parts of the body was found removed. Tenth and Eleventh left ribs were found broken. Spleen was also ruptured. There was blood collected in the left cavity of the abdomen. He opined that the deceased Sonu Lal died due to injuries caused to the spleen. After due investigation, Police Mawai, District Mandla, had submitted a charge-sheet for offence punishable under Section 302 of IPC before the Committal Court.

(3.) The appellant abjured his guilt. He did not take any specific defence in the case, he simply informed the Trial Court that he was falsely implicated and therefore, he did not adduce any evidence in his favour.