PINTU @ PRADEEP KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure (for short "the Code") against the judgment dated 9.4.1997 passed by Additional Sessions Judge, Umaria, District Shahdol in Sessions Trial No. 53/96, whereby the appellants have been convicted under Section 304 Part II read with Section 34 of the IPC and sentenced to undergo R.I. for 10 years, while co-accused Gopal and Kunjbihari were acquitted of the offences charged with.

(2.) According to the prosecution case, on 31/1/96 at 7.30 p.m., First Information Report (Ex.P/1) was lodged by complainant Kamlesh Kumar (since deceased) at Police Outpost Naurozabad leading to registration of Crime No.36/96, to the effect that on the same day, when he was returning to his home on a Motorcycle, in the way appellants Sanjay Mishra and Pintu intercepted him and started assaulting him with Lathis. While exhorting to kill, they assaulted him on his head, hand and leg. During the assault, Kamlesh was rendered unconscious and after some time when he regained consciousness, he saw that Ramdasgupta, Bharat Namdeo and Gulab were taking him home, from where with his brother Shivkumar, he had come to lodge the report. According to him, he had enmity with Kunjbihari Gupta and Gopal Vishwakarma of the village and suspected them for the assault. As per information (Ex.P/8) given by the doctor, during treatment, on 1/2/96 at 9.15 a.m., he succumbed to the injuries thus sustained at the Hospital. After investigation, charge-sheet was filed.

(3.) Charge under Section 302/34 of the IPC were framed against the appellants. Appellants denied the charges and pleaded false implication.