RADHESYAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment of conviction and sentence, dated 31. 1. 2001 passed by IVth Additional Sessions Judge, morena (M. P.) in S. T. No. 95/95, by which the appellant has been convicted under section 304 (I) of IPC and sentenced to undergo rigorous imprisonment for ten years with a fine of Rs. 5,000 and under Section 324 of ipc, sentenced to undergo rigorous imprisonment for two years with a fine of Rs. 1,000 with default stipulation.

(2.) AS per the prosecution story, on 20. 8. 94 in the evening at about 5. 30 at village singpura, Mule Singh, the cousin of informant sobran Singh (PW2) was in the field and appellant Radheshyam along with co-accused Pappu and Sobir were grazing cattle in the field. Mule Singh opposed for grazing the cattle in the field. Thereafter, the accused and co-accused Sobir (who tried by Juvenile Court) came with ballam,farsa, lathi and gun. Appellant Radheshyam inflicted injury by ballam to the head of Mule singh by which he fell down on the ground. Co-accused Jai Singh and Ahibaran Singh also inflicted lathi blows to him. On hearing the noise of Mule Singh, Kamal Singh (PW1) and Udaybhan Singh (PW3) came on the spot. Then Radheshyam inflicted ballam blow to the chest of Kamal Singh (PW1) and co-accused Surajbhan inflicted injury to udaybhan by farsa. Sobran Singh (PW2)also sustained injuries by co-accused. Mule singh was unconscious and thereafter he was taken to the police station by Sobran singh (PW2 ) and on the same night, report was lodged at the police station which is Ex. P3 on the basis of which First Information report was lodged at the police station. Mule Singh was referred to Morena Hospital from where he was referred to J. A. Hospital and during the course of treatment, he died on 4. 9. 94. After completion of investigation, charge-sheet was filed under Sections 302, 307, 147, 148 and 149 of IPC before the competent Court against eight accused persons including the present appellant (accused No. 1 ). After conclusion of trial, the trial Court convicted and sentenced the present appellant accordingly as stated in para one of this judgment but the remaining accused persons were acquitted by learned trial Court.

(3.) BEING aggrieved by the judgment of conviction and sentence, this appeal has preferred by the appellant.