PAPPU @ GUMAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Ist Additional Sessions Judge, Tikamgarh in S.T. No. 113/03 vide impugned judgment dated 8/04/2006 whereby being convicted u/s 324 of IPC, he has been sentenced to undergo RI for 3 years.

(2.) As per the prosecution case on 27/06/2003 at about 11.00 PM Balram Kushwaha alongwith the mother of deceased Channu lodged a report Ex.P-1 that some days before an altercation took place between Channu and co-accused Munni Bai and on 27/06/2003 at about 10.30 PM when Channu alongwith appellant Pappu, husband of Munni went to his house, appellant Pappu and Karia @ Munna and Munni armed with an axe assaulted Channu as a result he fell down on the ground. On the basis of information aforesaid, a case u/s 307/34 of IPC was registered and police reached on the spot. Injured Channu was sent to District Hospital, Tikamgarh where PW-15 Dr. V.K. Gupta examined him and submitted MLC report Ex.P-22. During treatment, Channu succumbed todeath. Police has prepared Ex.P-3 inquest panchnama and opined that Channu died due to excessive bleeding. After due investigation, charge sheet was filed.

(3.) Appellant abjured the guilt. However, the court below relying on the statements of PW-1 Balram, PW-3 Janki, PW-11 Virendra Kushwaha, PW-12 Dr. R.S. Rana and PW-13 K.R. Sijoriya held the appellant guilty u/s 324 of IPC and sentenced for the period said above