JAI KUMAR @ JAGGU Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, being aggrieved by the judgment dated 16.2.2009 passed in S.T. No.330/2007 by Additional Sessions Judge Sihora, District Jabalpur, whereby the appellant has been convicted under Sections 304 Part I, 323, 504 and 506 of IPC and sentenced to undergo Rigorous Imprisonment for 10 years with fine of Rs. 2,000/-, Rigorous Imprisonment for 3 months with fine of Rs. 500/-, Rigorous Imprisonment for 3 months with fine of Rs. 500/- and Rigorous Imprisonment for 6 months with fine of Rs. 500/-, with default stipulations. (All the sentences have been directed to run concurrently).

(2.) Prosecution story was that on 16.5.2007 at about 11 O'clock appellant abused complainant Mithlabai (PW9), assaulted her and her husband Gudda by means of a lathi. A report was lodged against the appellant at Police Station Sihora Ex.P/12. On the basis of aforesaid report, initially offence under Sections 294, 323 and 506 of IPC has been registered against the appellant. It is further alleged that when Pappu @ Narendra (PW7) and deceased Gudda were going towards hospital on motorcycle, appellant intercepted them and assaulted Gudda on his head and further assaulted this witness Pappu @ Narendra. Initally Gudda was treated at Sihora Hospital and thereafter referred to the Victoria Hospital, Jabalpur from where he has been referred to the Medical College, Jabalpur where he succumbed to the injury. An information of death of Gudda was sent to the police station Sihora.

(3.) Dr. Ashok Jain (PW13) conducted the autopsy on the dead body of Gudda and opined that Gudda died homicidal death due to the injury sustained on his head. On the basis of aforesaid postmortem report, an offence under Section 302 of IPC has been registered against the appellant and thereafter, he has been arrested.