BABU DAMOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment dtd. 13/11/2021 passed by Special Judge, SC/ST (P.A) Act, District Jhabua, in S.T. No.364/1997, whereby the appellant has been convicted for the offence punishable under Sec. 304 (2) and 323 of I.P.C. and sentenced to undergo 10 years and 01 Year R.I with a fine of Rs.50,000.00, and Rs.1000.00 respectively and in default of payment of fine, to further undergo One year R.I. and 03 months R.I.

(2.) The prosecution story, in a nutshell is that on 8/5/2020, at about 10:30am complainant Mallu Bai lodged a report before the police station by submitting that on 7/5/2020 , she alnogwith her daughter Kali Damor and her son Golu Damor were working in front of her house and her husband Tamesh gone for labour work. In the evening, at about 6:30PM, her relative Babu Damor has come there and said that where is her husband, he is nothing in front of him. When she thwarted him to dispute with her husband, he assaulted her daughter Kali Damor with stone on her left leg. Her brothers-in-law namely Samsu and Bhallu came and intervened. Meanwhile, her husband, coming home, stayed at his brothers field and asked appellant Babu as to why he had disputed with his wife, then Babu assaulted him with a brick on the back side of his head. Following that her husband fell down on the ground and the appellant fled away from the spot. Brothers of the injured saw the incident and further they called the ambulance and taken him to the Govt. Hospital Meghnagar. The doctor refereed the injured to District Hospital, Jhabau and during the treatment, the injured died at about 8:30 PM. Hence, the police party, after following due procedure, arrested the accused person and registered the case against the appellant. After due investigation, charge-sheet was filed against the appellant/accused under Sec. 302 and 323 of IPC.

(3.) In turn, the case was committed to the Court of Session and thereafter, appellant was charged for offence under Sec. Sec. 302 and 323 of IPC. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prayed for trial.