RAM LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29.8.1997 passed by the learned First Additional Sessions Judge, Damoh in S.T.No.177/1995, whereby the appellant was convicted for the offence punishable under section 304 (Part -II) of IPC and sentenced for 5 years' rigorous imprisonment with fine of Rs.2,000/ -. In default of payment of fine, rigorous imprisonment for 3 months' was also directed.

(2.) PROSECUTION's case, in short, is that, on 22.7.1995, at about 9 a.m. in the morning, the deceased Komal Singh had cut some fencing of his field, situated at Hanumat Dongari, Village Amana (Police Station Nohata, District Damoh). Wife of the appellant Ramlal quarreled with the deceased Komal Singh, due to his overt -act. Thereafter, the appellant came to the spot and gave a stroke from the base of the stick, below his left ribs. The incident was seen by Nanhebhai (P.W.6) and Amar Singh (P.W.7). Komal Singh was taken to the Police Station Nohata, where he lodged an FIR, which was written in Rojnamacha, Ex.P/9. He was referred for his medico legal examination. Dr. Aathiya (P.W.2) examined the deceased Komal Singh and gave his report, Ex.P/4 -A. No injury was found to the deceased Komal Singh. Thereafter, Komal Singh was taken to a private practitioner Dr.H.C.Jain (P.W.5) who saw the deceased Komal Singh at about 3.30 p.m. in the noon and thereafter, he referred him to the District Hospital, Damoh. The deceased Komal Singh was taken to Dr.Santosh Kumar Goyal (P.W.4) a private practitioner. When Dr. Goyal came out of his house, he found that Komal Singh had expired. A merg intimation, Ex.P/7 was given to the police and a Panchayatnama lash was prepared and dead body of the deceased Komal Singh was sent for the post -mortem. Dr. Abhay Jain (P.W.1) performed the post -mortem on the body of the deceased Komal Singh and gave his report, Ex.P/2. No external or internal injury was found on his body but, it was found that left kidney and spleen of the deceased were ruptured and the deceased died due to profused bleeding from those organs. After due investigation, a charge -sheet was filed before the JMFC, Damoh, who committed the case to the Sessions Court, Damoh and ultimately, it was transferred to the First Additional Sessions Judge, Damoh.

(3.) THE learned First Additional Sessions Judge, Damoh, after considering the evidence adduced by the parties, acquitted the appellant for the offence punishable under section 302 of IPC but, convicted him for the offence punishable under section 304 (Part -II) of IPC and sentenced him as mentioned above.