DURGA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal against the judgment dated 11th March, 1995, passed by the learned 1st A.S.J., Shajapur in S.T. No.62/1993, whereby, while acquitting co - accused Mahesh Kumar and Ramchancra, the appellant has been convicted for an offence under Section 304, Part - II of the I.RC. and sentenced to R.I. for three years and fine of Rs.5,000/ - . In case of default in payment of fine, the judgment directs him to suffer additional R.I. for one year.

(2.) The accused was tried along with two acquitted co - accused for offence punishable under, Section 302 read with Section 34 of the I.P.C. The prosecution had alleged that on 19/11/1992, the appellant and two accused persons, in furtherance of their common intention, assaulted Kailash and caused his death. The report(Ex - P/12) of the incident was lodged by Manoharlal(P.W.7). It was stated by Manoharlal(P.W.7) that there was a crowd gathered in front of the house of Chogmal and when he went to see as to what was happening, Mahesh picked up a "Tocha"(awl) and accused Durgaprasad assaulted the deceased with the said instrument. Kailash also assaulted appellant Durgaprasad and caused injuries, and on intervention, the witnesses Manoharlal(P.W.7) and his brother Bhojraj(P.W.8) also sustained injuries. Kailash was given milk to drink, but by that time he became cold and died.

(3.) The matter was investigated and after collecting the evidence and recording the statement of witnesses under Section 161, the charge - sheet was filed.