RAMDEEN PARTE Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 takes exception to the judgment dtd. 6/5/2017 passed in Session Case No. 26/2016 decided by learned Sessions Judge, Mandla whereby appellant was held guilty for committing offence under Sec. 302 of IPC and directed him to undergo sentence of Life imprisonment with fine of Rs.2,000.00, with default stipulation.

(2.) The facts are within narrow compass. As per the prosecution case, on 12/11/2015, the deceased Devlal came to the house of appellant ramdeen at around 8-9 PM. Both of them consumed liquor. Devlal told appellant that he is doing "Jhad foonk" and presenting himself in the village like that I drank water from 12 Ghats and can eat you here itself. Because of this kind of conversation started at the instance of deceased, appellant got annoyed and both of them exchanged heat during altercation. Out of anger, the appellant allegedly threw the deceased on the floor and thereafter assaulted him by means of fists and kicks. On the next day i.e. on 13/11/2015, the appellant informed the wife of deceased Bisrobai (PW-7) that Akku (deceased) who was grandfather of appellant is sleeping. Bisrobai (PW-7) found that her husband Devlal is lying on a cot and his body is full of injuries.

(3.) Mangal Singh lodged 'Marg' Intimation (Ex.P/17) which was followed by 'marg' inquiry. Thereafter, FIR No. 169/15 was registered against the appellant.