MAHESH @ MASIYA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Code of Criminal Procedure (for short 'the Code') has been preferred against judgment and order dated 28.06.2013 rendered by 1st Additional Sessions Judge, Khargone in S.T. No.119/12 whereby the sole appellant has been convicted under Sections 323 & 302 of Indian Penal Code (for short 'IPC') and has, respectively, been sentenced to fine of Rs. 500/- ( under Section 323 'IPC') and life imprisonment with fine of Rs. 1,000/- (under Section 302 'IPC') and in default in payment of fine, further RI of two months.

(2.) The prosecution case, briefly stated, is that on 01.05.2012, there was a marriage function of the daughter of one Shri Daliya Tadvi- the father of the appellant Mahesh @ Masiya in village Nag Ghatti, Police Station-Bhagawanpura, District-Khargone (M.P.). Sadriya (P.W.1), resident of village Dol alongwith his wife Kesharbai (P.W.7) and 10 years old son Deepak (deceased) had also come to attend the marriage function. Around 2.30 p.m. when feast was going on, appellant Mahesh @ Masiya had some altercation with Sadriya (P.W.1), therefore, he choose to stay apart and was sitting a bit away from 'Mandap''. In the meantime, appellant Mahesh @ Masiya went to Kesharbai (P.W.7), sitting near 'Mandap' with her son Deepak (deceased) and asked her to leave the function. She protested saying that she has come on invitation. The Appellant feeling enraged slapped Kesharbai (P.W.7) on his face. By this time, Sadriya (P.W.1) also reached near 'Mandap' and protested to appellant Mahesh @ Masiya as to why he has slapped Kesharbai (P.W.7). Allegedly, thereafter when Sadriya (P.W.1) along with Kesharbai (P.W.7) and his son Deepak (deceased) was leaving the place, appellant Mahesh @ Masiya picked up a piece of stone lying nearby and threw it at Deepak, hitting him the posterior side of head, resulting in injury in the occipital region and leading his to instantaneous death on the spot. The appellant, thereafter, fled away from the spot. As per prosecution, Basantibai (P.W.5) and Paribai (P.W.6), both residence of village Champakhedi, who has come with the marriage party to attend the marriage, had witnessed the occurrence. Someone from the marriage party informed about the incident telephonically to nearby police post. The concerned police official of the Police Post forwarded the message to police station Bhagawanpura. Shashikant Chourasiya (P.W.9) the then S.H.O., P.S. Bhagawanpura, on receipt of information immediately proceeded to the spot and reached there at around 3.30 p.m. He at the instance of Kesharbai (P.W.7) recorded 'Dehati Nalishi' (Ex.P/5) as well as merg report (Ex.P/6) regarding the occurrence. Site map (Ex.P/8) was also prepared by him.

(3.) Inquest proceedings, as per Ex.P/4 were held on the dead body of the deceased on the spot, revealing that Deepak died due to head injury. The dead body was sent for post-mortem examination. Same day in the evening around 6.30 p.m. Dr. J.D. Gupta (P.W.11), Medical Officer, District Hospital, Khargone conducted autopsy on the dead-body of the deceased. Vide report Ex.P/16, he found fracture in the occipital bone on the right side with a large hematoma and brain injury to the corresponding part underneath the fractured bone. In the opinion of Dr. J.D. Gupta (P.W.11), Deepak died within six hours of the examination due to head injury which was ante-mortem in nature.