JAMNA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) SESSIONS Judge, Bhopal in S. T. No. 204/88 recording conviction of appellant under Section 304 Part II, IPC sentenced him to undergo R. I. for a period of five years. Being aggrieved, appellant has preferred this appeal under Section 374 (2 ). Cr. PC.

(2.) ON 12-2-86 deceased Pratap s/o Khoobchand had been to Police Station, Nishadpura where he orally lodged the report recorded in Rojnamcha (Ex. P/8-C) to the effect that on 11-2-86 while returning from Bhopal he alongwith Ramlal (P. W. 4) alighted from the bus. On way, appellant who is son-in-law of his brother Khushilal (P. W. 1) inflicted injury on his hand by Kharra (a thick wooden stick ). Appellant also inflicted injury on his chest by throwing stone. Recording the substance of the report in Rojnamcha (Ex. P/8-C) Pratap s/o Khoobchand was sent to the hospital for medical examination. Examined by Dr. Anoop Dave (P. W. 8), the deceased made complaint of pain on chest and back. Recording report (Ex. P-11) he was referred to the R. S. O. Dr. Hari Singh Chandel (P. W. 10) on examination found swelling, contusion and abrasions respectively on his chest, left side of back and above left wrist. Report (Ex. P-12) was recorded. Pratap s/o Khoobchand left the hospital and is said to have stayed at residence of some of the relative at Village Khejda. Since he died on 17-2-86 merg intimation (Ex. P-10) was recorded. Preparing inquest Panchnama (Ex. P-1), dead body was sent for post-mortem. Dr. Jain Narayan Soni (P. W. 5) performed the post- mortem and recorded the report (Ex. P-5) to the effect that corresponding to the chest injury there was a contusion in spleen and right lung. As a result of injury aforesaid Pratap s/o Khoobchand died. Statement of Ramlal (P. W. 4) was recorded on 19-2-86 wherein the witness had narrated the incident of assault by the appellant. Completing the investigation, appellant was charge sheeted under Section 302, IPC. Appellant abjured the guilt and contended that Khushilal (P. W. 11), Ramlal (P. W. 4) are real brothers of deceased Pratap s/o Khoobchand. Daughter of Khushilal (P. W. 1) is the wife of appellant. These persons during the subsistence of this marriage, performed another marriage of daughter of Khushilal (P. W. 1) with some another person. Having a grudge, these witnesses have falsely implicated him.

(3.) P. W. 7 Ram Prakash, Head Constable has stated that on 17-2-86 merg intimation (Ex. P-10) to the effect that Pratap s/o Khoobchand died, was recorded. Admittedly, preparing inquest Panchnama (Ex. P-1), the dead body was sent for post mortem. P. W. 5 Dr. Jai Narayan performing the post mortem has stated that the deceased had the following ante mortem injuries :-