RAMKISHOR CHAUDHRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 11.11.2011 passed by the learned Additional Sessions Judge, Nagod in S.T.No.436/2009, whereby the appellant was convicted for offence punishable under section 325 of IPC and sentenced for 5 years' rigorous imprisonment with fine of Rs.1,000/-. In default of payment of fine, he was to undergo for 1 month's additional rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 15.3.2009, Dr. Devendra Singh of the District Hospital, Satna had sent an intimation to the Police Station Singhpur, District Satna that one Gaura Choudhary was brought to the hospital in an injured condition. On requisition of the police, a medical check up was done of the deceased Gaura Choudhary and his statements were recorded. It was found that when the deceased Gaura Choudhary was taking snacks in his house then, the appellant Ramkishor Chaudhri came to his house and assaulted him by sticks. Some of the injuries caused to the victim were found grievous. The officials of the Police Station Singhpur had registered a case against the appellant and an investigation was initiated. On 11.5.2009, the deceased Gaura Choudhary died and therefore, a Panchayatnama Lash was prepared and body was sent for the post-mortem. A report, Ex.P/13 was prepared after the post-mortem. After due investigation, a charge-sheet was filed before the JMFC, Nagod, who committed the case to the Sessions Judge, Satna and thereafter, it was transferred to the Additional Sessions Judge, Nagod.

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