RAMKRIPAL SAHU Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by judgment dated 30.04.2004 passed by the Additional Sessions Judge, Maihar in S.T. No. 204/2003 whereby he has been found guilty for an offence punishable under section 304 Part-II of the I.P.C. and has been sentenced to undergo five years rigorous imprisonment with fine of Rs.5000/-.

(2.) The brief facts relating to the incident are that while the complainant Mathura Prasad PW/2 and his father Chutkai were going for work, the accused Ramkripal Sahu came on a cycle accosted and abused his father Chutkai for not removing the garbage from his field and thereafter when his father Chutkai asked him not to abuse him he struck him with a stick on his head on account of which his father Chutkai fell down and thereafter also delivered blows on his back. It is alleged that the accused Ramadhar was encouraging and shouting stating that "Maro Sale Ko Jaan Se Khatam Kar Do".

(3.) The injured Chutkai was referred to Medical College Jabalpur where he succumbed to his injuries on 26.04.2003. The accused Ramadhar Sahu and Ramkripal Sahu were tried for the offence punishable under sections 341, 294, 323, 324, 506 -B/ 34 of the I.P.C.