JOGIRAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 30/06/2012 passed by Sessions Judge, Mandla in ST.No.10/2012, whereby learned Sessions Judge found the appellant guilty for the offences punishable under Section 304 Part-II of the IPC and sentenced him R.I. for five years with fine of Rs. 1,000/- and in default of payment of fine amount further R.I. for three month.

(2.) Brief facts of the case are that the deceased Ramobai was the wife of the appellant. At the time of incident they resided at village Baniya, Police Station Ghughri, District Mandla. In the evening of 28/11/2011 complainant Mulansingh (PW/2), brother of the deceased Ramobai came to the appellant's house, where appellant and Mulansingh (PW/2) drank wine. Deceased Ramobai also drank wine with them. In the night at around 11:00 PM appellant demanded food from Ramobai. She told him to wait for some time. Sometime later appellant again demanded food but Ramobai did not give him food. On that appellant got angry and assaulted her by stick on her back. At that time, Mulansingh caught hold of the appellant to save Ramobai. On that appellant started to scuffle with him also and Mulansingh also suffered injuries. After the incident Mulansingh went to his home. On 01/12/2011 Mulansingh again went to appellant's house and saw Ramobai lying on bed in an injured state. On that he told appellant that he should get Ramobai treated. But the appellant did not get her treated and on the same day at 11:00 pm she died due to injuries sustained by her in the incident. Choudhary Singh brother of the appellant informed Mulansingh (PW/2) about her death. On that Mulansingh (PW/2) informed the village Kotwar Panchudas (PW/5) and lodged the report at Police Station Ghughri, where Inspector Chandra Shekhar Choukikar (PW/10) wrote the report (Ex.P/2) and registered Crime No.155/11 for the offences punishable under section 302 of the IPC and investigated the matter. During investigation, he went to the spot and prepared spot map (Ex.P/6). He also prepared inquest report of the dead body of the deceased Ramobai (Ex.P/5) and sent her dead body to the hospital along with an application (Ex.P/13A) for postmortem, where Dr. D.K. Markam (PW/9) conducted postmortem of the dead body of the deceased Ramobai and gave postmortem report (Ex.P/15). Chandra Shekhar Choukikar (PW/10) also arrested the appellant and prepared arrest memo (Ex.P/11) and on his information seized one stick from his house and prepared memorandum (Ex.P/9) and seizure memo (Ex.P/10). He also recorded the case diary statement of Fulmabai (PW/3), Malti (PW/4), Mulansingh (PW/2), Somwati, Kunwarsingh (PW/6), Sundarsingh, Navalsingh, Gendalal, Panchudas (PW/5), Jagotibai and Masnusingh (PW/7) and also get query report (Ex.P/14) from Dr. DK. Markam regarding seized stick.

(3.) After investigation Police filed charge-sheet before the JMFC, Mandla who committed the case to the Court of Sessions. On that chargesheet, ST.No.10/2012 was registered. Learned Sessions Judge framed the charge against the appellant for an offence punishable under Section 302 of the I.P.C. The appellant abjured his guilt and took the defence that he has falsely been implicated in the offence. However, after the trial learned Sessions Judge found appellant guilty for the offence punishable under Section 304 Part-II of the IPC in place of Section 302 of IPC and sentenced him R.I. for five years with fine of Rs. 1,000/- and in default of payment of fine amount further R.I. for three month. Being aggrieved by the impugned judgment, appellant has preferred this appeal.