PATIRAM Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal preferred under Section 374(2) of the Code of Criminal Procedure the appellant, hereinafter referred to as the accused , has called in question the soundness of the judgment passed by the learned First Additional Sessions Judge to the Sessions Judge, Betul in the Sessions Trial No.173/97, whereby the learned trial court has recorded a conviction against the accused under Sections 304 part II and 323 of the Indian Penal Code and sentenced him to undergo the rigorous imprisonment for 8 years and 6 months respectively. However, both the sentences were run concurrently.

(2.) The prosecution case, in brief, is that on the day of incident 30.05.1997 in the mid afternoon during marriage celebration of one Kalia s son at village Kasmar Khandi some scuffle took place between the accused and Champalal. The matter was settled by mediators. At the time of incident at 5:00 p.m. when Champalal was returning to his house with his nephew Shobha and reached near the one Jariya s house there at from behind the shrubs the accused and his brother Banshi @ Lakhan were came out with deadly weapons, Hari Shankar was also standing at some distance. The accused and Banshi started given blows to Champalal and Shobha. The accused given a lathi blow on temporal region of head of Shobha who felt down, succumb to injury. Banshi also gave one blow of lathi to Shobha. Then accused and Banshi also beaten Champalal and caused injuries on his person, then left the spot. The dead body of Shobha was lying down on field.

(3.) The Champalal came to village and informed the matter to Kotwar Shekhlal and next day i.e. 31.05.1997 Champalal reported the matter Police Station, Betul, situated 50 kms away. On the basis of this First Information Report lodged, the investigating agency registered a crime. Champalal was sent to medical examination to the hospital. The investigating agency got the autopsy done of the deceased, prepared spot map, seized lathi at the instance of the accused and examined number of witnesses including Champalal under Section 161 of the Cr.P.C. After conducting the inquiry, the investigating agency placed the charge-sheet before the competent Magisterial Court who committed the case to the Sessions Judge, Betul on his turn transferred the case for trial before the learned Trial Judge.