CHUNIYA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant is aggrieved of the judgment delivered by the trial Court dated 24.07.1997 in S.T.No.274/1994 whereby he has been convicted for offence under Section 304-II and has been sentenced to undergo R.I. for 5 years with fine of Rs.5000/- and in default of payment of fine to further undergo R.I. for 1 1/2 years.

(2.) The case of the prosecution is based upon the statement of PW-1, Champalal, who is the complainant. The incident was also seen by Banshiya, who appeared as PW-2.

(3.) The trial Court has taken note of the statement of these two witnesses which shows that on account of the injury caused to the deceased he fell down and because of which he suffered fatal injury and expired. Since the testimony of these two witnesses does not show that the injury was caused by the accused on any vital part of the body of the deceased, the appellant has not been convicted under Section 302 of IPC rather has been convicted under Section 304-II IPC. As per the judgment, the conclusion drawn on account of the statement made by one Banshiya and Champalal and the statement of the Dr.K.K.Unia, PW-7 who has deposed as under:-