RAM BAHADUR THAPA Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 20/8/2011 passed by 2nd Additional Sessions Judge, Vidisha in S.T. No.239 of 2007, by which the appellant has been convicted under Sec. 302 of I.P.C. and has been sentenced to undergo Life Imprisonment and a fine of Rs.1000.00, in default 5 months R.I.

(2.) The prosecution story in short is that Abhishek aged about 8 years was admitted in Surgical Ward of Distt. Hospital, Vidisha. It is alleged that the appellant had fallen down from a train, therefore, he was shifted to Distt. Hospital, Vidisha and was also admitted in the same Ward. It is alleged that on 8/6/2007, at about 6-6:15 P.M., the appellant threw the deceased Abhishek on the ground and killed him by pelting brick. The appellant was arrested on the spot. The police, registered the FIR on the basis of Dehati Nalishi lodged by Smt. Lalita Bai, mother of the deceased. The appellant was immediately shifted to Chiranjeevi Hospital and thereafter, he was shifted to Gandhi Medical College, Bhopal. The post-mortem of the dead body of Abhishek was done. The blood stained earth, brick, clothes of the deceased were seized. They were sent for Forensic Examination. The Statements of the witnesses were recorded. After completing the investigation, the police filed charge sheet for offence under Sec. 302 of I.P.C.

(3.) The Trial Court, by order dtd. 14/11/2002, framed charge under Sec. 302 of I.P.C.