GHANSHYAM 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. 14/6/2023 passed by Sessions Judge, District Mandsaur in S.T. No.148/2021, whereby the appellant has been convicted for the offence punishable under Sec. 304 (2) of I.P.C. and sentenced to undergo 07 years R.I. with a fine of Rs.5000.00 and in default of payment of fine, to further undergo one months R.I.

(2.) Briefly stated facts of the case are that, the deceased Bhanwarlal and his brother Ishwarlal lived in their Tapris (huts) and their field are adjacent to each other. There was a boundary line between fields of both the parties. Ishwarlal used to tamper such boundary line and on account of that there was a dispute between them. On 16/5/2021 at around 7PM, Ishwarlal and his son Ghanshyam (accused) were making some change in the boundary line by removing stone pieces put thereon. As per the further case of the prosecution, Bhanwarlal objected Ishwarlal and Ghanshyam to replace the stone pieces and due to that both brought sticks from their Tapri and assaulted Bhanwarlals with intention to kill him. Both the accused have caused injury on head to Bhanwarlal, resulted him falling on the ground. Gopal Patidar and Govind Patidar intervened them and thereafter, the appellant and co-accused ran away from the spot. The injured was hospitalized to the District hospital Mandsaur and the offence was registered against the appellant under Sec. 307 of IPC. But during treatment, the injured expired, therefore, the offence under Sec. 302 of IPC was converted.

(3.) 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 of IPC.