RALOO Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal against judgement and order dated 27.05.2000 delivered in Session Trial No. 214/1999 by Additional Session Judge, Manavar, District Dhar, whereby the learned appellate Court has convicted him under section 304 part II of IPC and has awarded seven year rigorous imprisonment.

(2.) The prosecution case in brief is that on 14 th May 1999 at about 4:30-5 in the evening deceased Mahesh and appellant Raloo clashed with each other. During the scuffle, Raloo picked up a stone and threw it towards Mahesh, which hit him on the head and he fell on the ground. He was taken to the hospital, but was declared brought dead.

(3.) Dr KC Rane PW-14 intimated the death to the concerned Police Station Manawar (Ex. P/16). The police registered Merg No. 32/99 (Ex.P//15) and inquired the same. The police registered crime No. 205/99 under section 302 IPC (Ex.P/17) and investigated the same. The police called the witnesses vide notice Ex.P/7, prepared Punchnama lash Ex.P/8 in their presence, visited the spot, prepared spot map Ex.P/9, seized blood smudged and plain soil and a stone allegedly thrown by the appellant from the place of incident vide Ex.P/10, sent the dead body for post mortem with requisition Ex.P/18 and received post mortem report Ex.P/12, arrested the accused vide arrest memo Ex.P/14, recorded statements of Chhotelal (PW-3), Omkara Lal (PW-4) and Sumanbhai (PW-5) under section 161 CRPC, who supported the allegation, sent the articles (stone, soil, blood stained clothes) seized from the spot and received from the hospital to the FSL vide letter Ex.P/11 and after completing the investigation, filed the charge- sheet.