MANGILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed the present appeal being aggrieved by the judgment of conviction dtd. 5/12/2016 passed by Additional Sessions Sarangpur, District Rajgarh (M.P.) in Session Trial No.206/2012 whereby the appellant has been convicted under Sec. 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.2,000.00 with default stipulation. The case of the prosecution, in brief, is as follows: -

(2.) On 24/10/2011 at near about 10.00, Banesingh was having a hot conversation with the wife of this appellant Suganbai. All of a sudden, this appellant came and told Banesingh that how he is abusing his wife and thereafter this appellant went inside the house and came back with a Lathi in his hand, he gave one blow on the head of Banesingh and he started bleeding and appellant ran away from the spot. Banesingh became unconscious, he was taken to the hospital by Veeramsingh Sondhya. The matter was reported to the police, an FIR at crime No.201/2011 was registered under Sec. 294, 323 & 506 of IPC against this appellant. The MLC was conducted by doctor and according to which a lacerated wound of size 6cm X 5 cm was found on the head and one abrasion thereafter, after two days Banesingh died. The postmortem was carried out by Vinay Kumar Jha (PW/10) and as per his opinion, the cause of death was injury on the vital part of the brain leading to coma and death. Hence, Sec. 302 of IPC was added in the FIR, this appellant was arrested, remaining investigation was carried out and after completion of investigation charge-sheet was filed and the appellant denied the charge, therefore, the prosecution was called upon to prove the charges.

(3.) The prosecution examined 11 witnesses and exhibited 16 documents. In defence, appellant did not examine any witness. After appreciating the evidence that came on record the appellant was convicted as stated above.