SUSHILA AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal preferred u/s. 374(2) Cr.P.C. assails the judgment of conviction dated 31.07.2014 passed in S.T. No. 189/2013 rendered by Sessions Judge, Shivpuri whereby appellant No.3- Bunty @ Amar Singh has been convicted u/s 302 IPC and appellants No.1 & 2 namely Smt. Sushila and Hakke @ Hakim have been convicted u/Ss 302 r/w Sec.34 IPC and sentenced to life imprisonment with fine of Rs. 5,000/- each with default stipulation of 1 year.

(2.) Learned counsel for the appellants assails the said judgment of conviction on the limited ground that from a bare perusal of the ocular evidence and documentary evidence produced by the prosecution, Bunty, the main accused, who has given only one blow with wooden thick stick "Bainta" on the head of the deceased after heated altercation between the rival parties on the agricultural field of appellant Bunty, the case squarely falls within the second part of Section 304 IPC where mere knowledge can be attributed to the said appellant Bunty but not intention to cause such injury which in the ordinary course of nature is sufficient to cause death and therefore, appellant Bunty can be held liable to the maximum punishment of ten years prescribed u/s 304 Part-II of IPC.

(3.) In view of the above limited argument extended by counsel for the appellants, judicial scrutiny of this Court would also be limited to that extent.