KARUNESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Cr.P.C. has been filed by the appellants being aggrieved by the judgment dtd. 25/5/2023, passed by the learned Sessions Judge, Ujjain, District Ujjain in Sessions Trial No.81/2021, whereby the appellant has been convicted for offence under Ss. 304-I, 450, 323 of IPC for 10 years RI, 4 years R.I., 3 months R.I. with fine of Rs.5000.00, 2000/- , nil with default stipulations.

(2.) The prosecution story, in a nutshell is that on 8/12/2020, the complainant Navneet had lodged an FIR at police Station Neelganga by submitting that his marriage was solemnized on 7/12/2020 and on the said date, his neighbour Ashu has took his Car and reached in wedding ceremony. On this, his brother Ashu got angry and came to the house of the complainant and said in aggression why his car had been used in the wedding and started scuffling with him. The complainant said to take money of used petrol. This incident has seen by the father of the complainant and he went to the house of the appellant for compromising, Golu slapped his father and his father fell down. Thereafter, Golu took an iron rod and caused injuries. When his father ran away from the spot, the appellant Golu also ran his behind and took a Danda and caused injury on head and leg of his father with intention to kill. His father got unconscious and after some time his father died.

(3.) The police after following the due procedure, prepared the spot map, taken the statements of the witnesses, seized the articles, prepared the medical documents, arrested the accused persons and after due investigation filed the charge-sheet under Sec. 452, 323, 307,302 of IPC. The matter was committed to the Court of JMFC and made over to the learned Trial Court where upon the charges are framed under Ss. 449, 302,323 of IPC. The appellant abjured his guilt and took a plea that he had been falsely implicated and prayed for trial.