RAM NARESH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 17 th January 1996, passed by III Additional Sessions Judge, Satna, in Sessions Trial No.41/1991, convicting him under Section 304-II of the Indian Penal Code and sentencing him to rigorous imprisonment for five years with fine of Rs.200/-. In default of payment of fine, further simple imprisonment for 15 days.

(2.) In short the prosecution case is that the appellant, other accused persons viz. Krishna Mani Tiwari, Narayan Prasad, Kamlesh Prasad and the complainant Damodar Prasad belonged to same family. Appellant and complainant Damodar Prasad were real brothers being sons of accused Krishna Mani Tiwari. Since Krishna Mani Tiwari died on 30.10.1992, his name was removed from the array of accused persons. It is said that there was a dispute between the two parties over the partition of ancestral property.

(3.) On 19.1.1991, at about 7.00 pm, when Babbu @ Bhuvneshwar (deceased) alongwith his father Damodar was coming back to his house after attending a programme of loan distribution, suddenly all the four accused persons surrounded and assaulted them with Lathi and spear. Appellant/accused Ram Naresh dealt a blow by spear on the head of deceased, as a result of which he suffered injury on his head and before he could be provided treatment, he succumbed to his injury. Hearing hue and cry, Rajeshwari (PW-2) and Parvati Devi (PW-6) reached at the spot and tried to intervene, but they were also assaulted.