GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dtd. 26/04/2013 passed by the Court of Sessions Judge, Guna (M.P.) in Sessions Case No.278/2012, whereby the appellant has been convicted under Sec. 302/34 of the Indian Penal Code, 1860 (for brevity 'IPC') and sentenced to undergo life imprisonment with fine of Rs.500.00 and under Sec. 323/34 of IPC and sentenced to undergo one month's R.I with fine of Rs.200.00 with default stipulation.

(2.) Draped in brevity, the case of the prosecution is that on 4/8/2012, at about 09 pm, when the complainant Geetabai (PW-5) and her daughter ' Bhuribai (PW-6) were cooking food at their home in Adiwasi Moholla in village Paranth, her husband Babu had gone to her maternal house to invite guests. She heard the sound of screaming of her husband from the side of the bungalow situated in front of her house and when Geeta and Bhuri came out from the house, they saw that Gopal was beating her husband with a farsa, Santosh with a luhangi. Her husband was telling that they have not returned one thousand rupees from last twelve months and are beating him. When Geeta and her daughter Bhuri went to save, Santosh gave Geetabai two-three luhangi blows continuously. Due to which, she suffered injuries on her head, left hand and ribs on the right side. She fell down and Gopal started beating her husband Babu with farsa and Santosh with luhangi. Due to which, he suffered greivous injuries on his neck at left side, left eye and forehead, as a result of which, he died. Ramgir (PW-10) and Laxman (PW-9) were present at the time of quarrel and saw the incident. Accused Santosh and Gopal after the incident ran away from the spot. On getting the information about the quarrel at village paranth, the police after making entries in Rojnamcha, reached the spot. The Dehati Nalishi (Exh. P-8) was lodged by the complainant Geetabai (PW-5) which was registered at Crime No.0/12 for the offence punishable under Ss. 302, 323, and 34 of IPC. Thereafter, the FIR (Exh. P-1) was registered at Crime No.82/2012 at Police Station Bamori for the offence punishable under Ss. 302, 323 and 34 of IPC. Orignal Marg Case No.09/2012 was registered. Upon completion of investigation including recording of police statements, collection of evidence and necessary formalities, challan was filed. The charges were framed against the appellant under Ss. 302/34 and 323/34 of IPC.

(3.) The appellant abjured his guilt and claimed for trial. In order to bring home the charges, the prosecution has examined as many as 14 witnesses and exhibited documents P/1 to P/20, while the defence did not examine any witness.