RAMCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant being aggrieved by the judgment dated 3.1.2001 passed by the Court of Shri A.K.Shrivastava, 3rd A.S.J., Ratlam in S.T. No.20/2000 by which the appellant Ram Chandra has been convicted under S. 302 of the I.P.C. and sentenced to life imprisonment along with fine of Rs.500/-.

(2.) According to brief facts of the case, on 05.11.99 complainant Khushal lodged a report at Police Station, Sailana that in the morning when he was going to Narayangarh from his village his Bhabhi Baludi called him and told that her husband Lahling is lying dead in the Tapra (hut) of appellant Ram Chandra. Therefore, he went there and saw that his brother Lahling was lying dead there. He informed Mansingh and Rangji and took them to lodge report at Police Station. On report, Merg No. 27/99 was registered. On the same day accused Ram Chandra lodged report against deceased Lahling about the incident of 12.00 a.m. on 4.11.99 that deceased Lahling abused his mother and on protest by Ram Chandra, he assaulted by wooden rod on his head due to which he sustained injury. He also rushed on his mother to assault her. Due to night he could not come to report immediately and at 8.15 a.m. on 5.11.99 he lodged report which was registered as non-cognizable report under S. 302 of I.P.C.

(3.) In the investigation of Merg report, it was found that in the night at the time of quarel in between Lahling and Ram Chandra, Ram Chandra caused dangerous injury in the head of Lahling due to which he died. Hence Crime No. 154/99 was registered at Police Station, Sailana under S. 302 of I.P.C. On the information of the accused said leg of the cot by which he assaulted the deceased, was seized and after completion of the investigation, challan was filed against the appellant. After trial the appellant has been convicted and sentenced as mentioned above.