RAJU @ RAJENDRA Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal has been filed by the appellant, being aggrieved by the judgment dated 30.09.2009, passed by Sessions Judge, Bhopal in S.T. No. 523/2008, whereby, the appellant has been convicted for the offence punishable under Section 304-II of the Indian Penal Code (for short "the Code") and has been sentenced to undergo RI for 7 years and fine of Rs. 1,000/-, in default, RI for 3 months.

(2.) In nutshell, the case of prosecution is that on 02.06.2008, at about 04:45 p.m., unknown person caused injury on the head of the deceased by throwing stone. Thereafter, in injured condition, deceased was brought to the Sharda Hospital, Bhopal for treatment. Incident was informed by Dr. Mahesh Shukla to the Police. Thereafter, Police of P.S. Kamlanagar, District Bhopal came there and registered dehati nalisi and on that basis, Crime No. 271/2008 has been registered in P.S. Kamlanagar, District Bhopal.

(3.) During treatment, deceased died. Inquest memo was prepared. Autopsy was done by Dr. Geeta Rani Gupta (PW-11) on 13.06.2008 and it was found that cause of death was shock and loss of blood due to injury caused on the head of the deceased. After completing investigation, charge-sheet has been filed before the concerned Magistrate against the appellant. Case was committed to the Sessions Court as the case was exclusively triable by the Court of Sessions. The case was made over to the trial Court. The learned trial Court framed charge under Section 302 of the Code. Contents of the charge were read over and explained to the appellant, to which, he pleaded not guilty and claimed to be tried.