GULA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal by the appellant against his conviction under Section 325, Indian Penal Code, 1860 (hereinafter referred to as "ipc" for short) and sentence of 3 years Rigorous Imprisonment plus fine of Rs. 2000/- and in default 1 month Simple Imprisonment. Out of the fine amount Trial Court awarded a sum of Rs. 1500/- as compensation to Harkubai, widow of the deceased Rupa. Initially, appellant was arraign for having committed culpable homicide not amounting to murder, an offence punishable under Section 304-11 of the IPC, however, at the conclusion Trial, he was convicted for voluntarily causing grievous hurt, an offence punishable under Section 325, IPC.

(2.) PROSECUTION case in brief was as under:-On 3-4-1989, the appellant accused Gula along with deceased Rupa were travelling together in a bus from Rajgarh to Dhulet. After alighting at Dhulet around 6. 30 in the evening, the appellant inquired about his bicycle from the Rupa who informed the appellant that the bicycle has been taken by his father. This piece of information led to scuffle between the appellant and the deceased and during this scuffle accused kicked deceased in the stomach. According to the prosecution Bhima intervened in the matter and escorted Rupa to his house. Later on, Rupa complained of pain in his stomach to his wife Harkubai and brother Nandlal. As a result, they gave him home treatment. After lapse of three- four days when pain did not abate, they on 9-4-1989 reported to Police Chowki, Rajgarh to get Rupa medically examined. Same day at Primary Health Centre, Dr. S. L. Podwal examined Rupa. Upon examination, he found no external injury but in view of pain in abdomen, he referred Rupa to District Hospital, Dhar for X-ray and further treatment. According prosecution story, at Dhar, Rupa was advised treatment at Indore. However, before necessary finances could be arranged, Rupa died on 12-4-1989. After death of Rupa, at the instance of Nandram, FIR (Ex. P-7) was recorded at Police Station, Sardarpur on 17-4-1989 which set in motion the investigation. After completion of investigation, challan was filed in the Court for prosecution of the appellant and he was put to trail in ST. No. 108/90 before the Camp Court at Sardarpur of 1st Additional Sessions Judge to the Court of Sessions Judge, Dhar. At trial, appellant abjured his guilt and submitted that he has been falsely implicated.

(3.) LEARNED Sessions Judge framed charge against the appellant for an offence under Section 304 Part II, IPC. On the basis of the prosecution the evidence, learned Trial Court came to the conclusion that the no offence under Section 304 Part II of the IPC has been made out against the appellant. Instead the appellant was found guilty of committing an offence under Section 325, IPC for which he was convicted and sentenced as mentioned above.