SURESH CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has been convicted for offence under Section 304 Part-I I. P. C. and sentenced to R. I. for six years, fine of Rs. 2000/-, in default of payment of fine, to undergo further six month's R. I.

(2.) INITIALLY accused appellant was charged for offence under Section 307/34 I. P. C. , but, later on it was converted to one under Section 302/34 I. P. C.

(3.) THE allegation against the appellant as well as two acquitted accused persons was that the appellant inflicted injury on deceased Rampyari Bai by an axe on her head, due to which she suffered fracture, laceration of brain and she ultimately died. The incident took place on 25-11-1985. She died on 28-1-1986 while she was still under treatment for the injury suffered. As per the prosecution case, deceased Rampyari Bai was cleaning utensils in front of her house on 25-11-1985 at about 12:30 p. m. There was previous litigation with the accused persons. When acquitted accused Ramesh came back from the Court, he spitted when she was cleaning the utensils and hurled abuses on Rampyari Bai. Rampyari Bai was going to lodge the report of the incident, then all the three accused persons came out of the house and Rampyari Bai was given an axe blow on her head by accused Suresh and accused Ramesh and Moolchand bat her by fists and legs. Incident was witnessed by neighbourers. Report was lodged by Ramkumar (P. W. 2), a student aged 16 years, at 12:45 p. m. in police station Nowgaon. Head Constable Nathuram Singh (P. W. 10) reduced it in writing. Initially an offence under Section 324/34 I. P. C. was registered at Crime No. 130/85. The injured was referred to medical examination by Dr. J. P. Tiwari (P. W. 12) who found an incised wound on her head 6cm x landl/2cm x 4cm and from this, brain matter was coming out and blood clot was present. Another incised wound was found below the right hand and a contusion on front side of the head. An incised wound was also found on the upper portion of the left hand. The injury No. 1 was opined to be dangerous to life and X-ray was advised. Contusion was caused by hard and blunt object. On receiving the medical opinion, offence under Section 307 I. P. C. was registered. Spot map was prepared. Accused was arrested. An axe was recovered vide seizure memo Ex. P7. Broken bangle pieces were also recovered from the spot. Rampyari Bai was admitted to District Hospital, Chhatarpur on 25-11-1985. She was sent for further treatment to Medical College, Gwalior on 14-12-1985 where she was admitted to the Hospital on 15-12-1985. During the course of treatment itself, the challan came to be filed. The charge was framed on 22-1-1986. But, later on after about six days, deceased Rampyari Bai died and charge Under Section 302 I. P. C. was framed against the appellant.