RAGHUVIRSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) That appeal is directed against the judgment Dt. 12-7-1984 passed by the Additional Sessions Judge, Neemuch in Sessions Trial No.11 of 1984 whereby the appellant was tried for the murder of Jagdishsingh and has been convicted under S. 323 of the I.P.C. and has been sentenced to undergo 6 months' rigorous imprisonment and a fine of Rs.200/- and in default to undergo imprisonment for 2 months.

(2.) According to the prosecution it was at about 4 p.m. on 2-10-1983 that the appellant Raghuvirsingh aged 25 years resident of village Tokrs, had several times kicked his co-villager Jagdishsingh aged 10 years on his stomach. On hearing the cries of the victim, his sister Munnibai aged 14 years (P.W. 4) had come out of her residence and had seen the appellant kicking the victim and on being asked to desist from so doing, he had threatened her. It was after the appellant had left the place that Munnibai took Jagdishsingh inside her residence and on being asked he had told her that earlier the same day he was involved in a dispute with Baboosingh (D.W. 1) aged 12 years, the brother of the appellant and he, in consequence, had injured the said Baboosingh with a stone and it was on being informed of this by Baboosingh that the appellant had indulged in the crime. He had immediately complained to her of pain in his stomach. Later he informed his grandfather Mangilal (P.W. 3) about the occurrence and on his father's return to the village had informed to him also about the same. He had also informed Hardayal (P.W. 2).

(3.) 1 On the following day when Jagdishsingh was being taken to Singoli for treatment, he died on the way.