REVARAM Vs. STATE OF M P

JUDGEMENT

(1.) SPECIAL Jud1ge, Seoni vide impugned judgment dated 16-2-98 in Special Case No. 5/96 recording conviction of accused/appellants under Sections 394 (Part I)/149, 323/149, 452, 148, IPC sentenced to undergo R. I. for a period of 10 years, 4 months and six months respectively. Being aggrieved, the accused/appellants have preferred this appeal under Section 374, Cr. PC

(2.) ON 4-2-91 in the evening, there was some quarrel between Mahesh Prasad and Revaram. On 5-2-91, accused/appellants had been to the house of Mahesh Prasad and started quarreling. Mahesh Prasad, Puranta Bai, Omkar Prasad and Inkardas sustained injuries as per beating by accused/appellants. Therefore, Mahesh Prasad lodged the report (Ex. P-2 ). Injured Mahesh Prasad, Puranta Bai, Omkar and Inkardas were sent for medical examination. As per medical examination reports (Exs. P-14, P-15, P-16 and P-17) simple injuries were reported. However, on 22-2-91, Inkardas died. Receiving information (Ex. P-20), the Merg was registered and preparing Panchnama (Ex. P-3), the dead body of Inkardas was sent for post mortem. The post mortem report (Ex. P-1) describes tetanus as the cause of death. Completing the investigation accused/appellants were charge sheeted under Sections 148, 302/149, 323/149 and 452, IPC. Accordingly, charges were framed against them in Special Case No. 5/96, They abjured the guilt. Relying on the statements of witnesses, the Special Judge recorded acquittal of accused/appellants under Section 302/149, IPC. However, convicted them under Sections 304/149, 323/149, 452, 148 and sentenced them accordingly.

(3.) DR. B. P. Namdeo (P. W. 11) sent the information (Ex. P-20) to the effect that Inkardas admitted in the hospital for treatment, died of tetanus on 22-2-91. On the basis aforesaid, Panchnama (Ex. P-3) of the dead body was prepared. It was sent for post mortem. Dr. S. K. Shrivastava (P. W. 1) performed the post mortem and submitted the report (Ex. P-1 ). Dr. S. K Shrivastava (P. W. 1) has stated that the deceased Inkardas died of Tetanus. Dr. B. P. Namdeo (P. W. 11) also in his report opined that the cause of death of Inkardas, was tetanus. On sustaining injuries Inkardas was sent for medical examination. M. N. Suryanshi (P. W. 9) on examination found the following injuries :- (1) Lacerated wound 1 x 1 cm. , right forehead. (2) Lacerated wound 1 x 1 cm. , right hand little finger. (3) Contusion 10 x 3 cm. , right thigh.