RAM BABU JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Criminal Appeal is preferred to challenge the judgment dated 12.1.2000 passed in Sessions Trial No.273/1996, whereby the Additional Sessions Judge, Sabalgarh, District Morena (M.P.) convicted the appellant for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced him to Life Imprisonment and to pay fine of Rs.500/- along with default stipulation.

(2.) The prosecution story in brief is that on 7.3.1994, the deceased confronted the accused/appellant by informing him that his wife Meenabai had stolen her sleepers. Due to such narration the appellant got agitated and started hurling abuses towards the deceased. Thereafter, he inflicted two injuries on the head of the deceased Janukobai by using Luhangi/Lathi, due to which she became unconscious. During the scuffle, co-accused Meenabai also caused an injury on the head of the deceased. This incident occurred at around 8 pm and on the very next day in the morning she was carried out to the Primary Health Centre, Vijaypur, District Morena where her medical examination was conducted at around 9 am and the doctor recorded appearance of three injuries which were observed to have been caused by a hard and blunt object. Out of these three injuries, two were found to have been caused on the head of the deceased. However, the injury on the vertex of the head was observed to be simple in nature although the second injury was inflicted on the left parietal region of the head leading to depressed fracture. She was advised to be taken to higher medical center at Government Hospital, Gwalior. The deceased could not be taken to the hospital at Gwalior due to her critical condition and at around 11 am she succumbed to the injuries, thereafter the post-mortem was conducted and the report Ex.P-9 was prepared in which in unambiguous manner it was observed that the death has occurred on account of head injuries which are caused by hard and blunt object.

(3.) The matter was reported to the police. The police registered an FIR against the present appellant and his wife for commission of offence punishable under Section 302 read with Section 34 of IPC and proceeded to apprehend the appellant and his wife on 10.3.1994. Upon conclusion of the investigation, the charge sheet was filed before the Judicial Magistrate First Class, Sabalgarh District Morena on 20.8.1994, who committed the case to the Court of Sessions and ultimately it was transferred to Additional Sessions Judge Sabalgarh District Morena.