DADU Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal impugns the judgment dated 19-3-96 passed by the learned Additional Sessions Judge, Harda in S. T. No. 131/95, whereby the accused/appellant was convicted of offence under Section 304-II, IPC and sentenced to undergo R. I. for five years and to pay a fine of rupees two thousand, in default, to further undergo one month's simple imprisonment.

(2.) THE prosecution case in brief is that on 4-11-94, the date of incident deceased Rajaram was given fists and legs blows on his chest and abdominal regions by his real brother accused Dadu. The report of the incident was lodged next day, i. e,, on 5-11-94 by the deceased and he was sent for medical examination on the same day. As per the evidence of Dr. A. K. Chandravansi (P. W. 2) in para 9 of his cross-examination when the deceased Rajaram was brought to him for medical examination, he gave him necessary treatment and allowed him to go home thereafter. The deceased did not complain of any severe pain in his chest or abdominal region. The deceased died on 12-11-94, after seven days of the incident, in his house and marg intimation in that respect, namely Ex. P-12 was recorded by Dinesh Barhai (P. W. 9), Police Station Incharge. Chhotelal, a cousin of the deceased, who gave the marg showed ignorance about the cause of death.

(3.) HEARD Shri Imtiyaz Hussain, Advocate for the appellant and Shri Sanjeev Shukla, Panel Lawyer for the State.