RASHDA SULTANA Vs. STATE OF M P

JUDGEMENT

(1.) Heard on admission. This appeal has been preferred under Section 372 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment passed by Additional Sessions Judge, Naugaon, District Chhatarpur, on 12/12/2012 in Sessions Trial No. 131/2005, whereby respondent Nos. 2 to 9 have been convicted under Section 304 Part II read with 149 of the IPC and sentenced to undergo R.I. for 10 years with fine stipulation.

(2.) Prosecution case, in brief, is that on 23/7/04 at about 10 a.m., when complainant Shakeel Ahmad was buying vegetables from a shop located in the Vegetable Market at Naugaon, respondents, armed with Lathis, constituted an un-lawful assembly to kill him and in furtherance of their common object, started assaulting him. Shakeel fell on the spot and hearing his cries, Majrul Hasan, Salim Ansari and Munna Pathan came forward to intervene. Upon the report of Shakeel, Crime No. 233/04 (Ex.P/48) was registered. Shakeel was sent to Community Health Centre at Naugaon where Dr. K.K. Tripathi (PW14) found injuries on his right leg, left leg, left knee, left forearm, left arm, right arm, right knee and left shoulder. He referred Shakeel to District Hospital at Chhatarpur, where, as per X-ray report (Ex.P/11), fractures were found on his right & left tibia and fibula bones, Patella bone of knee and radius and ulna bones of left forearm. Dr. Devendra Paroha (PW7) admitted Shakeel to Dr. Jamdar Hospital, Jabalpur on 25/7/04, where during treatment, he succumbed to the injuries, thus caused, on 27/7/04. Accordingly, morgue was registered and after investigation, charge-sheet was filed.

(3.) It was argued on behalf of the appellant that despite availability of sufficient material on record for conviction of the respondents under Section 302 of the IPC, they have been wrongly convicted under Section 304 Part II of the IPC.