RATAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred being aggrieved by the judgment dated 9-11-1996 passed by the Court of Shri S.C. Vyas, Sessions Judge, Shajapur, Distt. Shajapur in Sessions Trial No. 234/1994, by which the appellant Ratan Singh has been convicted under Section 304 Part 2 of the IPC and sentenced to rigorous imprisonment of 5 years with fine of Rs. 2,000/- and in default of payment of fine to undergo further rigorous imprisonment of 6 months.

(2.) According to the prosecution case, on 15-8-1994, at about 6 p.m., Ratansingh came in the Village circumstnees to take his sisters for the festival of Rakhi. He said to his brother-in-law Mansingh that he has to return with his sisters just now, then Dayaram said that he should take them in the morning because at present night is going on, thereafter Ratansingh abused him in anger and said that who is he to interfere, if sisters are not to be sent then his brother-in-law will tell him. Dayaram said that who is he to intervene then Ratansingh in anger abused him then Mansingh and Soma caught both the hands of Dayaram and Ratansingh assaulted by knife in his chest. Thereafter, Mansingh and Soma assaulted him by fists and they all ran away. Madansingh chased them but could not succeed. After returning he saw that Dayaram was dead. Ramnarayan (P.W. 2), Devbai (P.W. 3), Devisingh (P.W. 4) and Madansingh saw the incident, hence on report by Madansingh the above offence was registered at Crime No. 45/94 at Police Station, Sundersi, District Shajapur for the offence under Section 302/34 of the IPC. Challan was filed against Ratansingh, Soma and Mansingh but Soma and Mansingh were acquitted by the Trial Court and appellant Ratansingh has been convicted as mentioned above.

(3.) Hence, this appeal has been filed.