CHOTELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant being aggrieved by the conviction and sentence dtd. 29/9/2016 passed by Sessions Judge, Manda (M.P.) in S.T. No.42/2016, whereby the appellant has been found guilty for the offence punishable under Sec. 304-Part I of the I.P.C. and sentenced to undergo Rigorous Imprisonment for ten years with fine of Rs.1,000.00 with default stipulation.

(2.) As per prosecution, appellant went to the house of deceased at 10.00 P.M. in the night of 29/11/2015, where some altercation took place between the appellant and deceased Chandan Singh and the appellant then assaulted Chandan Singh with a wooden stool (peedha), as a result of which Chandan Singh became unconscious and died while being taken to the hospital. This incident was witnessed by Sunaina (P.W.-1), wife of deceased, who then informed Bhadde Singh (P.W.-3) on phone. Bhadde Singh thereafter went to the house of deceased and found him lying unconscious. One Shivlal lodged the complaint, on the basis of which, Dehati Nalishi (Ex. P-14) was recorded. The autopsy of the body of deceased was conducted by Dr. D.K. Markam (P.W-11) on 30/11/2015, who found 9 injuries caused by hard and blunt object and one bone fracture on the right side of the temporal region. According to the doctor, the death was homicidal and occurred within 24 hours of the postmortem. The doctor also examined the accused had found two injuries, both simple in nature caused by hard and blunt object. The accused was arrested and on his memorandum, a blood stained stool (peedha) was recovered from the open courtyard of deceased's house.

(3.) After investigation, the charge sheet was filed. The trial Court framed charges against the accused/appellant as aforestated. The accused/appellant abjured the guilt. It was pleaded that it was Bhadde Singh, who alongwith others assaulted the deceased. It was stated that Bhadde Singh has beaten him and locked him inside the room.