GOVIND Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall also govern the disposal of Criminal Revision No. 3/1993, which has been filed by Nathuram son of the deceased against the acquittal of the appellant from the charge of an offence punishable under Section 302 of the IPC in Sessions Trial No. 353/1990.

(2.) BEING aggrieved by the judgment passed in Sessions Trial No. 353/1990, appellant has preferred this appeal. Learned Trial Court has handed down the conviction and sentence of 4 years R. I. with fine of Rs. 1,000/- for having committed an offence punishable under Section 325 of the IPC.

(3.) ACCORDING to the prosecution, on 19-10-1990 at about 5. 30 in the evening, when the resident of Village Sagwal were observing rituals of "goyari", a local festival celebrated after Dipawali, an altercation took place between appellant and Gangaram. During the altercation when appellant tried to hit Gangaram with lathi, Poona, intervened in the matter, as a result the appellant dealt a lathi blow to deceased Poona and ran away from the spot. Same day, Poona went and lodged FIR at the Police Station, Aamjera. According to the prosecution story the deceased remained in Hospital from 19-10-1990 till he was discharged on 28-10-1990. Deceased died on 29-10-1990, as a result investigating machinery swung into action and after completion of investigation filed charge-sheet against the appellant and co-accused Shankar for their prosecution.