SUMAN JAISWAL Vs. SANTOSH KUMAR GUPTA

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 III Additional Sessions Judge, Rewa on 16/7/2010 in Sessions Trial No. 262/2008, whereby respondent nos. 1 and 2 namely Santosh Kumar Gupta and Smt. Malti Gupta have been acquitted of the offences punishable under Sections 302, 341 and 294 of the Indian Penal Code ("IPC" for short). By the impugned judgment, they have been convicted under Section 304 Part II read with 34 of the IPC and sentenced to undergo R.I. for 4 years with fine stipulation.

(2.) Prosecution case, in brief, is that on 22/6/80 at about 7.30 p.m., while Ramniwas Soni and Banwarilal were returning from Antrela, against a preexistent water dispute, respondent no. 1 abused Banwarilal after wrongfully restraining him in the way and exhorted his wife respondent no. 2 to kill him, on which she started wielding Lathi blows on Banwarilal, who fell sustaining head injury. Despite the intervention and resistance offered by Ramniwas, respondent nos. 1 and 2 kept on assaulting Banwarilal. Hearing the commotion, people of the locality gathered at the spot. After lodging of report (Ex. P/1) by Ramniwas, matter was investigated by Police Antrela and after completion of investigation, charge-sheet was filed. Banwarilal was sent to Community Health Centre at Rewa. Banwarilal was examined and Injury report (Ex. P/14-A) was recorded by Dr. Harish Chandra Mishra (PW 9). Then he was referred for treatment to Jabalpur, where during treatment, he died.

(3.) It was argued on behalf of the appellant that despite availability of sufficient material on record for conviction of respondent nos. 1 and 2 under Section 302 of the IPC, they have been wrongly convicted under Section 304 Part II of the IPC.