HIRALAL Vs. STATE OF M P

JUDGEMENT

(1.) 1st ASJ, Balaghat vide impugned judgment dated 29-8-2002 in S. T. No. 180/2001, recording the conviction of accused/appellant under Section 304 (II) of IPC sentenced him to undergo R. I. for a period of 7 years. Being aggrieved, the present appeal under Section 374 of Cr. PC has been preferred.

(2.) DECEASED Mehar Singh was real brother of accused/appellant. On 6-6-2001 there had been an altercation in presence of other family members. Being intervened, the matter for the moment, was settled. However, the accused/appellant was hiding himself on the side of gali. Late Mehar Singh while returning, was passing through the said gali, accused/appellant giving him a lathi blow on his abdomen, inflicted internal injury. Late Mehar Singh became unconscious. Report (Ex. P-5-C) was lodged to the police by his wife Somti Bai. Late Mehar Singh was then sent for medical examination. As per report (Ex. P-1), mark of external injury, on any part of body, was not visible. However, for internal abdominal injury he was referred to District Hospital, Balaghat. Mehar singh was required to undergo surgical operation and the same was performed on 9-6-2001 (Ex. D-2 ). Subsequently due to complication, he died on 25-6-2001. Intimation (Ex. P-17) to this effect was received by police. Thereafter, preparing the Panchnama, dead body was sent for post-mortem. As per post-mortem report (Ex. P-9), in the abdominal cavity due to complication, the pus was formed. Intestines were damaged. Late Mehar Singh died of septicemia. FIR (Ex. P-10) of Crime No. 82/01, Police Station, Roopjhar (Balaghat) under Section 302, IPC was recorded. The lathi was seized from the accused/appellant. Completing the investigation, he was charge-sheeted under Section 302, IPC. The case was committed to the Court of Sessions. Charge under Section 302, IPC has been framed. The accused/appellant abjured the guilt. However, vide impugned judgment recording the conviction under Section 304 (II) of IPC, he has been sentenced to undergo R. I. for a period of 7 years.

(3.) DR. Praveen Gedham (P. W. 1) on 6-6-2001 examined late Mehar Singh s/o Suruju Singh. Fowl smell of liquor was coming from his mouth. There was no external injury on any part of the body. However, he was complaining pain in his abdomen. For treatment of internal injury, late Mehar Singh was referred to District Hospital, Balaghat. Late Mehar Singh died on 25-6-2001 and the post-mortem was performed by Dr. R. K. Mishra (P. W. 9 ). Pus was present in peritoneal cavity and intestines were damaged. Late Mehar Singh died of septicemia. Ex. P-9 report was written and signed by him. The aforesaid facts are not disputed. Late Mehar Singh sustaining internal injury, was admitted in the hospital and died on 25-6-2001. As per statement of Dr. R. K. Mishra (P. W. 9) and report (Ex. P-9), deceased died due to internal injuries aforesaid. Accused/appellant tired to demonstrate that the septicemia was not due to any internal injury. However, document (Ex. D-2) goes to show that for internal injury late Mehar Singh was surgically operated on 9-6-2001. The peritoneum tear was repaired by Surgeon and he was detained in the hospital for further treatment, however, he died on 25-6-2001. There is nothing to demonstrate that there was no internal injury to the deceased and the death was not related to any injury.