HALKE ALIAS HAKKE Vs. STATE OF M P

JUDGEMENT

(1.) Second Additional Sessions Judge, Raisen has passed the impugned judgment dated 25.05.1995 in ST No. 236/1991 whereby appellant has been convicted under Section 304-Part II of IPC and sentenced to RI for 5 years.

(2.) Being aggrieved, appellant preferred this appeal under Section 374 of Cr.P.C.

(3.) The prosecution case, in short, is that on 02.06.1991 at about 4-5 p.m., when deceased Bhagwandas was unloading bricks from bullock-cart, appellant had pushed him. In turn, Bhagwandas objected. Then appellant had assaulted him by Khadrua (wooden piece used in cart) on his neck, arms and other parts of the body. Incident was witnessed by Govardhan (PW-9) and Ramgopal (PW-8). The matter was reported to police-station Deori. During investigation, primarily, Bhagwandas was examined by Dr. M.L.Badkul (PW- 12) who found simple injury on his body. He remained in hospital for 3 days and then, he died. Dead body of Bhagwandas was sent for post-mortem. Dr. M.L.Badkul (PW-12) performed autopsy on the body of deceased and found 4"x2" rupture on left jugular vein and according to him, cause of death was haemorrhage from the ruptured jugular vein and prepared post-mortem report (Ex.P.8).