RAMCHARAN Vs. STATE OF M P

JUDGEMENT

(1.) SOLE appellant, being aggrieved by his conviction for offence under Section 304 Part-II of the Indian Penal Code and sentence of rigorous imprisonment for five years, passed by the Sessions Judge, Betul in Sessions Trial No. 53/89 by judgment dated 29-8-89, has preferred this appeal.

(2.) PROSECUTION story, according to the first information report lodged by P. W. 1 Beni in the Police Station, Shahpur on 13-2-89 at 8 P. M. , in short is, that while the appellant and the deceased Gore were returning from the market and reached near the Railway line, appellant protested to the derogatory remarks made by the deceased and abused him. P. W. 1 Beni and Moti counselled them and thereafter they proceeded further and when reached near the house of Balwant, appellant assaulted Gore by Lakdi on his back but informant Beni snatched away the said Lakdi from him. Sometime after the aforesaid incident, according to the prosecution, appellant caught hold of Gore, threw him on the ground, mounted on his chest and pressed his neck. Sustaining the injuries Gore became unconscious and appellant fled away from the place of occurrence. Prosecution story further is that the informant Beni and Moti picked up Gore and brought him to the house of Balwant where Gore stated to his nephew P. W. 1 Beni, that he will go to his house the following day. On the following day, according to the first information report P. W. 1 Beni went to the house of Balwant and took the injured Gore to the house. In the report, P. W. 1 Beni had stated that his uncle Gore had stated that he had pain in his neck and on the following day Gore died. According to him the cause of death of Gore was injury on his neck. After receipt of the aforesaid report, Asst. Sub-Inspector of Police S. N. Singh (P. W. 12) came to the place of incident, prepared the inquest report and sent the dead body for post- mortem examination. P. W. 11 Dr. K. S. Ahirwar conducted the post-mortem examination and found following 17 injuries on the body of the deceased :-

(3.) POLICE after usual investigation submitted charge-sheet against the appellant and he was ultimately committed to the Court of Sessions to face the trial. Appellant denied to have committed any offence and his plea was that he has been falsely implicated in the case. Prosecution in support of its case had altogether examined 13 witnesses. No defence witness has been examined.