DEVSHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 16.09.2008 passed by learned Sessions Judge, Chhatarpur in Sessions Trial No.6/2008 convicting the appellant for the offence punishable Section 302 of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs.5000/- with default stipulation, the appellant has taken shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal since in elaboration they have been narrated in para 2 to 6 of the impugned judgment. However, for ready reference, it would be condign to mention that when the complainant Bhagwandas Yadav was inside his home, the appellant arrived and started uttering filthy abuses to him. The complainant did not react. Thereafter appellant went away. It is said that after half an hour when complainant came out from his home, the appellant came there armed with stick and after abusing and threatening the complainant started beating him by the stick. On seeing the scene, wife of complainant arrived there and she was also beaten by appellant with the same stick. In between Munnilal Dubey (hereinafter shall be referred to as "deceased") came and intervened in the matter, but, blows of stick were dealt by appellant to him also causing injuries on his head, leg and other parts of body and ultimately he died.

(3.) Dead body of deceased was sent for postmortem where the doctor found that deceased had died on account of injuries sustained by him. Initially the case was registered under Section 307 of IPC and the investigating agency also sent a letter to get the dying declaration recorded but by the time dying declaration could be recorded, deceased passed away, as a result of which case was altered to Section 302 of IPC.