SHIV CHARAN Vs. STATE OF M P

JUDGEMENT

(1.) THE Judgment of the Court was delivered by THE appellant has filed this appeal against the judgment dated 19.3.2009 passed by the learned Second Additional Sessions Judge, (FTC) Biaora District Rajgarh, in S.T.No. 182/2007 whereby appellant Shiv Charan has been convicted under Section 341 IPC and sentenced to undergo imprisonment for one month and under Section 506-B with one years rigorous imprisonment and under Section 302 IPC imprisonment for life, it is directed that the sentences to run concurrently.

(2.) ACCORDING to the prosecution case on 17.8.2007 in the evening at 5 PM deceased Ramprasad was returning back to his house with bullock from his field and when he reached on the road, he was belaboured by six accused having lathi and farsi. Ramprasad sustained injury on head, abdomen and left hand. Incident was witnessed by several witnesses out of which P.W.6 Kesarbai who is wife of the deceased who lodged the Dehati Nalishi recorded by the concerned Police. Deceased was admitted in the Hospital and examined by P.W.4 Dr. Sharad Sahu who also issued MLC Report Ex.P/6 Deceased remained Hospitalised for about 9 days and died. On receiving information, the Police reached in the Hospital and prepared Inquest Report and sent the dead body for Post Mortem Examination which was conducted by P.W.11 Dr. Anil Garg. Post Mortem is Ex.P/13. Investigating Officer arrested the accused persons and on their disclosure statement, seized the weapons, and he had also recorded the statements of the witnesses who were acquainted with the facts of the case. On completion of investigation, charge sheet was filed against six accused including the appellant for commission of offence under Section 148, 302/149, 341, 294 and 506-B of the IPC.

(3.) IT is clear from the record that conviction of the appellant is based on solitary testimony of P.W.6 Kesarbai wife of the appellant who was declared hostile by the prosecution because she had not named four accused in her court statement and deposed only against appellant and acquitted co-accused Motilal. Motilal has been acquitted because his over act as described by Kesarbai that he caused injury on private part of the deceased by lathi wrapped with iron wire at its top, is not corroborated by medical evidence.