MOHAN LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Code of Criminal Procedure against the judgment dated 25.4.1996 passed by the First Additional Sessions Judge, Hoshangabad in Sessions Trial No. 2/1995, whereby convicting the appellant for offences under Sections 302, 323 and 325 of the Indian Penal Code and sentencing him to imprisonment for life, rigorous imprisonment for three months and rigorous imprisonment for two years respectively.

(2.) Briefly stated, the prosecution story is that on 12.10.1994 at about 3 A.M., the appellant who is nephew of Ramcharan started altercation with him. During the altercation he suddenly lifted an iron rod and dealt its blow on his head. On hearing his cry, when Narmadi Bai wife of Vishram reached there, the appellant dealt blow of the iron rod on her head. On hearing the commotion, when Vishram husband of the Narmadi Bai peeped out of the door, he was also assaulted by the appellant. Mohanlal, Vishram and Narmadi Bai went to police station and lodged First Information Report. Initially offence under Section 307 of the Indian Penal Code was registered. During the treatment, Narbadi Bai died and after her death offence under Section 302 of the Indian Penal Code has been registered against the appellant. After completion of the investigation, charges under Sections 302, 323 and 325 of the Indian Penal Code were framed.

(3.) Before the trial Court, the prosecution examined as many as 11 witnesses. The trial Court placing reliance on the eye witness account of Ramkishan (PW3), Prabhudayal (PW4), Ramvati Bai (PW5) and injured witness Ramcharan (PW8) convicted the appellant as aforesaid. Injured Vishram could not be examined as he died during the trial.