BRAJLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Brajlal has filed this appeal against the judgment dated 17.8.2001 passed by Second Additional Sessions Judge, Balaghat in Sessions Trial No. 56/2000, convicting the appellant under Section 302/34 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 2000/ -. In default of payment of fine, further rigorous imprisonment for six months. At the outset, it would be appropriate to mention that in Sessions Trial No. 56/2000, two accused persons viz. Brajlal and Maniram were tried. Since, appellant Brajlal absconded, trial of accused Maniram was completed and by judgment dated 11.7.2000, Maniram was convicted. Against his conviction, Maniram filed Criminal Appeal No. 2583/2000, which is pending. After arrest of Brajlal, evidence of Radhelal, Omkar, Ganesh and Dilip Kumar were recorded afresh as PW10, PW11, PW12 and PW13, but, since, learned counsel for Brajlal did not opt to cross examine witnesses viz. Komal Prasad (PW4), Dinesh Kumar (PW5), Chhaganlal (PW6), Dr. R.K. Chaturvedi (PW7) and Rajkumar (PW8) afresh, their statements were accepted in evidence against Brajlal. After completion of trial against Brajlal, the impugned judgment was passed on 17.8.2001.

(2.) THE prosecution case in brief is that on the occasion of Diwali after 'Goverdhan Puja' on 8.11.1999, Shyamlal went at the house of his cousin Ganesh Prasad and told to him that accused persons were beating him. In the meanwhile, accused Maniram and Brajlal reached there and after catching, made him to fall on stone and assaulted him with fists and kicks and also with sticks. As a result of assault, Shyamlal suffered injuries on his head, ear and shoulders. Ganesh Prasad went to the house of Radhelal, brother of Shyamlal and called him. Radhelal carried Shyamlal to his house and made arrangements to take him to a doctor, but on way Shyamlal died. Radhelal gave intimation of the occurrence at police out post Dora, whereupon merge intimation report Ex. P/2 and first information report Ex. P/3 were recorded.

(3.) ON charges being framed, accused abjured his guilt and pleaded false implication due to enmity. Though, no specific defence plea was taken, but it was suggested to eye witness that deceased contracted injuries on being dashed by a cow or by a fall on the stone under intoxication.