RATANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal for putting a challenge to the order of conviction and sentence passed by the Addl. Sessions Judge Dhar Camp Manawar in the matter of Sessions Case No. 38/86 by which he convicted the appellants for offence punishable under Ss. 325 and 323, IPC and sentenced him to RI of different terms.

(2.) The prosecution case in brief can be stated as under. On 25-5-85, at about 9.00 or 9.30 p.m. there was a feast in context with marriage of Gula Bhilala at village Bagpura and deceased Naharsingh had attended the said dinner along with other friends. The prosecution alleged that at the time of the said feast there was quarrel between Naharsingh and his associates on one side and appellant and his associates on other side. In the said quarrel, accused appellant Ratansingh Bhilala pelted a stone which hit the abdominal portion of the body of deceased Naharsingh which resulted in injury to his intestine and his death.

(3.) After necessary investigation, the accused appellant was put to trial along with one Jama son of Kishan Bhilala. The case was committed to the Sessions Court Dhar. The Addl. Sessions Judge Dhar Camp-Manawar after recording the evidence of the witnesses and appreciating it in the light of the arguments advanced on behalf of the parties, concluded that it was proved that the appellant had caused death of deceased Naharsingh by pelting stone and causing injury to his abdominal portion of the body which caused injury to his intestines. In view of the said finding, convicted the accused appellant for offence under Ss. 325 and 323 IPC. He acquitted the appellant from the charge of committing offence punishable under S. 302 read with S. 34 IPC. Advocate representing the state did not submit that the State has challenged the said order of acquittal. He justified the order of conviction and sentence.