NARAYAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed present criminal under sec. 374 of Code of Criminal Procedure, 1973 (in short " Cr.P.C.) against the impugned judgment dtd. 04/05/2000 passed in Sessions Trial no. 89/1999 passed by the Additional Sessions Judge, Shajapur, whereby the appellant has been convicted under sec. 304(part-II) of IPC and sentenced to undergo five years rigorous imprisonment with fine of Rs.5000.00 with default stipulation of six months.

(2.) Prosecution case in short is that on 06/04/1999 at about 6-7 a.m. complainant Mansingh along with deceased Babulal went to their field situated at village Tanda. Near their field, field of Devisingh was also situated. Appellant Narayansingh, co-accused Kamalsingh and Devisingh came there. A mango tree was situated in the field of the deceased Babulal. By passing cart of the accused persons, some branches of mango tree were broken. The deceased objected and on this, appellant Narayan Singh inflicted 3-4 injuries by his stick, due to which, the deceased fell down unconsciously.

(3.) After completing the entire investigation, charge- sheet was filed before the Chief Judicial Magistrate, Shajapur, who committed the case to the Court of Sessions, Shajapur, which later on, was transferred to the Special Judge, (Additional Sessions Judge), Shajapur. The Additional Sessions Judge, Shajapur, on the basis of allegations made in the charge- sheet, framed the charges under Sec. 302 of IPC, in alternate sec. 302/34 of IPC. Present appellant and other co- accused persons abjured their guilt and pleaded complete innocence. In order to bring charges, the prosecution examined as many as ten witnesses and placed the documents i.e. Ex-P/1 to Ex-P/20 on record. The defence of the appellant and other co-accused persons are of false implications and some defence was also taken in their statement under sec. 313 of Cr.P.C, but they did not examine any witness as defence witness. After completion of the trial, the trial Court, on appreciation of evidence available, passed the impugned judgment. Accordingly, co-accused Kamalsingh and Devisingh were acquitted from all the charges, while convicting present appellant under sec. 304(Part-II) of IPC and sentencing as stated herein above.