SHEIKH AYUB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 12.2.1999 passed by the IInd Additional Sessions Judge, East Nimar Khandwa in ST. No.203/1998 whereby the appellants were convicted for offence punishable under Section 325 of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.250/ and in default of payment of fine six months rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 27.9.1998 at about 9.00 a.m a quarrel took place between the deceased and the appellants. The appellants assaulted the deceased by fists. The deceased tried to move for some steps and thereafter, he fell down. The deceased was taken to the Police Station and thereafter to the hospital but, before he could reach the hospital A panchayatnama lash Ex.P/1 was prepared and he expired. thereafter, the dead body of the deceased was sent for post mortem. Dr. A N. Bajpai (PW5) did the post mortem upon the body of the deceased and gave his report Ex.P/7. He found no external injury visible on the body of the deceased but, on opening he found that the spleen of the deceased was ruptured from its base and huge blood was present in the concerned cavity. The deceased died due to rupture of the spleen. After due investigation a charge sheet was filed before the Chief Judicial Magistrate, Khandwa who committed the case to the Sessions Court and ultimately it was transferred to the IInd Additional Sessions Judge, Khandwa.

(3.) I have heard the learned counsel for the parties.