SHYAMA ALIAS SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by Shyama @ Shyamlal son of Ramprasad of district Hoshangabad against his conviction under section 304 Part II and sentence of four years rigorous imprisonment.

(2.) THE facts of the prosecution case lie in a narrow compass. The appellant and the deceased Babu had adjacent fields at the relevant time. It is alleged that both of them were mending fencings of their respective fields at about 9 A. M. on 10 -7 -1970 when there arose a dispute between the two about the boundary of the lands. It is further alleged that the appellant had given a blow to the deceased on his head with a Dhasva wooden stick Art. A -1 with the result that the deceased Babu died on the way when he was being taken to the hospital. A report of this incident was made by Babulal son of Nathuram vide Ex. P -18 and the appellant was prosecuted for an offence under section 302 of the Indian Penal Code.

(3.) NOW , the only question that requires decision in this appeal is whether the appellant was the person who had caused the injury to the deceased which ultimately culminated in his death. There is no eye -witness to the scene of the occurrence. The case of the prosecution rests on the circumstantial evidence. Shri. R.C. Rai, learned counsel for the appellant, has taken me through the statement of Ramkaran (P. W. 7) made before the committing Magistrate and which has been brought on record of the Sessions case, vide Ex. P -6, and also to the statement of Gorelal (P. W. 4) and contended that this evidence is not sufficient to conclude that the accused and the accused was the only person who was responsible for the death of the deceased. Shri. J.M. Sood, on the other hand, has urged before me that the conviction of the accused -appellant is proper and it needs no interference.