SURAJ GOND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 26/5/1998 passed by 7th the Additional Sessions Judge, Jabalpur in ST No.610/1997, whereby the appellant was convicted for commission of offence punishable under Section 324 of IPC and sentenced for three years' RI.

(2.) THE prosecution's case, in short, is that on 21.6.1997 at about 9-10 AM in the night the appellant took the deceased Sukhlal with him. On the next day morning at about 7:00 AM Sukhlal came back to his house situated at Village Pidrai (Police Station Bargi District Jabalpur). He had an injury on the back of his head. On enquiry, he informed his father Motilal (PW-1) that the appellant assaulted him by a stone under intoxication. Motilal was bent upon to lodge an FIR about the incident, but various persons namely Ginna (PW-2), Domari (PW-4), Kashiram (PW-5) etc. had told him that the appellant was providing the money for the treatment, and therefore it was not necessary to lodge an FIR. After ten days of the incident when the deceased Sukhlal was not cured, the complainant Motilal lodged an FIR at Police Station Bargi, which was recorded on Rojnamcha at Sl.No.956 Ex.P-4. Initially the deceased Sukhlal was shown in the Medical College Hospital, Jabalpur, but thereafter it was found that the deceased Sukhlal was suffering from tetanus, and therefore he was shifted to the Victoria Hospital, Jabalpur. Dr. Abdul Hakim Khan (PW-7) gave his report Ex.P-2 after examining the deceased Sukhlal. Dr. S.K.Shrivastava (PW-12) examined the deceased Sukhlal on 30.6.1997 where the deceased Sukhlal was admitted in the Victoria Hospital, Jabalpur for treatment of tetanus. He found an old bruise on the occipital region of the head of the deceased and he was not conscious. He was feeling some jerks. Thereafter the deceased had expired. Dr. A.K. Yadu (PW-6) performed the postmortem on the body of the deceased at the Medical College, Jabapur and gave his report Ex.P-1. He could not opine about the reason of death of the deceased, but according to his medical history he died due to tetanus. After due investigation, a charge sheet was filed before the JMFC, Jabalpur who committed the case to the Sessions Court, Jabalpur and ultimately it was transferred to the 7th Additional Sessions Judge, Jabalpur.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the prosecution acquitted the appellant from the charges of offence punishable under Section 302 of IPC, but convicted him for commission of offence punishable under Section 324 of IPC and sentenced as mentioned above.