RAMNARAYAN Vs. STATE OF.M.P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 22-2-2010 passed by Additional Sessions Judge, Chachoda, Distt. Guna in S.T.No. 9/2009, and has been convicted and sentenced for the following offences :

(2.) According to the Prosecution story, the complainant Banwari, along with his injured father Jaswant, lodged a F.I.R. in Police outpost, alleging that at about 8 P.M., his injured father Jaswant was sleeping in the courtyard. The complainant also went to sleep in the room. At about 9 P.M., he heard the noise of beating and shouting. The complainant came out of the house and found that his father was lying in an injured condition and was shouting. He saw that his father had two Farsa injuries on his head. A lot of blood was coming out. The injured was not in a position to speak. Before the complainant could come out of the house, the assailant had run away. Some villagers were sitting in the village, they might have seen the incident.

(3.) The injured was sent for medical examination. Four incised and one lacerated wounds were found on the scalp, nose, chin etc. The injured was referred to District Hospital Guna, where he expired on 20-12-2008. The post-mortem of the dead body of the deceased was done. The statements of the witnesses were recorded. The appellant-accused was arrested on 21-12-2008. His memorandum was recorded. One Farsa stained with blood was seized from his possession. One blood stained shirt was also seized from his possession. Blood stained and plain earth from the spot as well as the blood stained shirt of the injured (Deceased) was also seized. The police after completing the investigation, filed the charge sheet for offence under Sections 302,307,452,324 of I.P.C.