MUKESH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of the judgment dated 20.8.04 delivered by IInd, Addl. Sessions Judge, Guna in Sessions Trial No. 316 of 02, whereby, the appellant has been convicted for commission of offence under sec. 304 Part II of IPC and sentenced to undergo RI for six years besides payment of fine of Rs. 11,000/-. In default of payment of fine, the appellant has been directed to further undergo RI for two years. Briefly stating the prosecution case was that one Sumer (deceased) had lodged a report at Police Station, Jamner on 17.10.02 to the effect that at about 7.00 pm, while he was on his own field, Mukesh Dhakad came along with two associates alarming filthy abuses. The appellant has also been alleged to have inflicted a Farsa blow on the head of the deceased from the blunt side. His two associates, who are unknown and have not been arrested by prosecution (infact not even identified) are alleged to have also beaten the deceased with Lathi. As a result of injuries suffered on his back and right leg besides other injuries on his head, the deceased succumbed to his injuries. It is also alleged that at that time, his brother Jai Narayan (PW 5) also came on the spot. After seeing him, the appellant and two other persons ran away. A report was lodged by the deceased himself at the Police Station. On that basis, first information report bearing no. 288 of 02 was registered against the appellant under sec. 341, 294, 323, 506B and 307/34 of IPC.

(2.) During investigation, Sec. 302 of IPC was also added as the deceased succumbed to' his injuries. After investigation, the challan was filed before the court of Judicial Magistrate First Class and later on the same was committed to the court of Sessions for trial vide order dated 20.12.02.

(3.) After concluding the trial, learned Addl. Sessions Judge besides relying upon the statement of deceased form part of first information report; statement of Jainarayan PW5, Ramsingh PW4; Ramdayal PW 6; were also relied upon.