BALLA ALIAS BALADEEN Vs. STATE OF M P

JUDGEMENT

(1.) ­ Appellant has filed this appeal against the judgment dated 9th November, 2005 passed by Sessions Judge, Chhatarpur in Sessions Trial No. 235/2004, convicting the appellant under Sections 302 and 323 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 5000/ - and rigorous imprisonment for six months with fine of Rs. 500/ -.

(2.) IN short, the prosecution case is that on 20.9.2004 at about 9.05 a.m., complainant Mansukha lodged report with police Matguwan that at about 8.00 A.M., cattle of accused Balla @ Baladeen entered his 'Kuanwala' field. When his father Chauva remonstrated with Balla and his wife, who were working in the neighbouring field, Balla got infuriated and assaulted Chauva on his head with a stick, as a result of which Chauva fell down unconscious. When Mansukha tried to save his father, wife of accused namely Prembai caught him and Balla continued to assault his father. Hearing noise Halke, Chutwa, Bhupat and Bhagwandas reached at the spot and intervened. Mansukha and his mother took unconscious Chauva to police station and lodged the report. Police registered the case under Section 307/34 of the Indian Penal Code against Balla and his wife and sent the injured for medical examination and treatment to P.H.C. Matguwan, where Dr. Lakhan Tiwari (PW9) examined his injuries. During treatment, Chauva died in the hospital. A merg report was recorded by Police City Kotwali, Chhatarpur. After inquest, dead body was sent for postmortem examination. Dr. D.D. Chaurasiya (PW5), Assistant Surgeon of District Hospital Chhatarpur conducted the postmortem examination of the dead body and found three injuries on the body. After requisite investigation, charge sheet was filed against both the accused persons.

(3.) APPELLANT /accused abjured his guilt and pleaded false implication. According to appellant, the cattle of deceased had entered his field and damaged the crops. When he drove them out, deceased wanted to stop them, but being dashed by the cattle, he fell down and suffered injuries.