IKLAKH KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 31.5.2003 in S.T. No.447/2002 passed by the 2nd Additional Sessions Judge (Fast Track Court) Harda, whereby the appellant was convicted for the offence punishable under Section 325 of IPC and sentenced for three years' R.I. with fine of Rs.25,000/-. In default of payment of fine, he was to undergo for 11/2 years S.I. in addition.

(2.) PROSECUTION's case in short is that on 29.7.2002 at about 4:00 p.m. in the evening, the witnesses namely Dinesh, Kamal & Ramkrishna were sat on a platform built up for a temple of Bhilat Baba. In the meantime, the appellant Iklakh Khan came from the side of his house and simultaneously the deceased Arman also came. Arman demanded a sum of Rs.100/- from the appellant, which was lent by him to the appellant. A quarrel took place between them and the appellant assaulted the victim by fists and thereafter the victim was thrown and dashed with a wall. Thereafter, the appellant threw the victim on the earth so that his head struck on the earth. The victim Arman was taken to Harda Hospital and thereafter, he was referred to the Medical College, Indore and ultimately he expired. A merg intimation Ex.P/6 was recorded for his death and postmortem was also performed. After due investigation, a charge sheet was filed against the appellant for the offence punishable under Section 302 of IPC. The C.J.M. Harda committed the case to the Sessions Court and it was transferred to the 2nd Additional Sessions Judge, Harda.

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