SURESH Vs. STATE OF M P

JUDGEMENT

(1.) By the impugned judgment dated 6.1.1998 passed by Additional Sessions Judge, Multai in Sessions Trial No.197/1996, the appellant has been convicted under Section 304 Part II of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of three years.

(2.) The prosecution case is that on 13.5.1996 at about 4.30 p.m., the appellant assaulted his father namely Tulsiram, as a result of which he sustained injury. The appellant took his father to the hospital. Thereafter, the victim Tulsiram was medically examined and one fracture on parietal region of the skull was found. No other injury was found on the body of the victim namely Tulsiram. The police after completion of the investigation filed the charge-sheet for offences under Sections 302 and 201 of the Indian Penal Code against the appellant. The trial Court on the basis of the evidence adduced by the prosecution, convicted and sentenced the appellant as aforesaid.

(3.) Learned counsel for the appellant submitted that evidence of the eye-witnesses to the incident Babulal (PW-2), Sawla Bai (PW-3) and Dinesh (PW-4) is contrary to the medical evidence. While inviting attention of this Court to the statement of Dr. O.P. Mahore (PW-19), it was submitted that the doctor has not been able to opine that the victim died on the account of injury sustained by him or due to fall. On the other hand learned Panel Lawyer for the respondent submitted that trial Court after meticulous appreciation of evidence on record has convicted the appellant which does not call for any interference.