FATEH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 10.9.1997 passed by the Sessions Judge, Sehore in S.T. No. 15/1993, whereby the appellant has been convicted of offence under Section 304(II) of the IPC and sentenced to four years R.I.

(2.) FACTS of the case in short are that on 9.11.1992, a bonfire was ignited in the field of Bhagirath father of the appellant at village Molga (Police Station Ichchhawar, District Sehore) at about 6:00 a.m. in the morning. The Jagan Nath Singh went to bask that bonfire to get his hands and body warm, the appellant abused the deceased Jagan Nath Singh and asked him as to why he came there to bask and thereafter, he gave a blow with a heavy log on the head of the deceased Jagan Nath. Meharban Singh (PW -9) brother of the deceased Jagan Nath, who was working in Khalihan (a place where grains were to be shifted from the chafe) rushed to the spot. The appellant also tried to assault the complainant Meharban Singh. However, Ghasiram (PW -1) had stopped the appellant. Meharban Singh took his brother Jagan Nath to the Government Hospital at Ichchhawar and thereafter, he lodged an FIR Ex.P/12 at Police Station, Ichchhawar. Dr. Laxmi Narayan Namdeo (PW -5) examined the victim Jagan Nath and gave his report Ex.P/7. He found a swelling on his right head, which was also present on a upper eyelid. His breath was irregular and pupils were slightly dilated. He was unconscious and his situation was dangerous. Ultimately, the deceased Jagan Nath succumbed to the injuries. After death of the deceased, his body was sent for the postmortem to the medico legal institution at Bhopal. Dr. D.S. Badkul (PW -6) performed the postmortem upon the body of the deceased and gave his report Ex.P/8. According to him, a stitch wound was found on right side of his head on its opening various bones of skull were found broken. Blood was collected below right parietal and temporal region and his dural membrane was found cut. Blood was oozing from right side of brain below the frontal region. Bone above right eye was also found broken. Brain was swelling and the deceased died due to the injuries caused on his head and brain. After the investigation, the charge sheet was filed before the JMFC Sehore, who committed the case to the Court of Sessions. In the Sessions Court, it was pleaded that the appellant was suffering from mental illness and therefore, an enquiry under Section 229 of the Cr.P.C. was held by the trial Court. After examining various witnesses under Section 229 of the Cr.P.C., the trial Court vide order dated 29.9.1993 sent the appellant to the mental asylum and trial was stayed. Ultimately, after getting the report from the Mental Hospital Indore, vide order dated 7.6.1997, it was found that the appellant was not insane and trial may proceed against him thereafter, the trial has been proceeded. The appellant abjured his guilt. He did not take any specific plea in defence and therefore, no defence evidence was adduced.

(3.) THE Sessions Judge, Sehore after considering the prosecution's evidence, acquitted the appellant from the charge of offence under Section 302 of the IPC but convicted him for offence under Section 304(II) of the IPC and sentenced as mentioned above.