SIRWATIA Vs. LALOO

JUDGEMENT

(1.) PRESENT revision petition is directed by mother of deceased/ complainant against judgment dated 15.7.2004 passed by Sessions Judge Satna, in Sessions Trial No. 9/2003 by which respondents/accused persons have been acquitted of the charge under Section 306 of IPC however they been convicted under Section 323 of IPC and sentenced to jail sentence of a period already under gone and with fine of Rs. 1000/ -.

(2.) NECESSARY facts in short are that - on 5.11.2002 at about 6 p.m., respondents/accused persons made a quarrel with deceased (Badal) and his uncle Gorelal (PW -4) and assaulted them. PW -4 Gorelal some how managed to escape from the scene of occurrence but deceased was taken by the respondents/accused persons and he never came back to his house.

(3.) TRIAL Court framed charges under Section 306/34 of IPC against the respondents and thereafter amended and added offence under Section 323 of IPC and 341 of IPC also. Respondents abjured guilt and pleaded innocence hence statements of Harishanker (PW -1), Shyamlal (PW -2), Madan Choudhary (PW -3), Gorelal (PW -4), Sarbatiya @ Champa (PW -5) Kesh Kali (PW -6), Ramdev (PW -7), Premlal (PW -8) and Devendra (PW -9) were recorded.