SHEIKH BABOO Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 31.3.1995 passed by 1st Additional Sessions Judge, Sagar in Sessions Trial No. 237/94 whereby, the appellant has been convicted under section 304 Part II of IPC and sentenced to seven years rigorous imprisonment.

(2.) ACCORDING to prosecution story, on 21.3.1994, Sheikh Ayub and Jamshed were doing their duty in the agricultural field of Chandola. They were trying to keep away the animals from the crop by throwing stones. At that time, the appellant Sheikh Baboo abused both of them and asked as to why they were keeping away the animals by throwing stones. They replied that the animals are damaging the crop. Thereafter, the appellant Sheikh Baboo came out with a gun and threatened them. Jamshed asked him not to abuse and he reached near the house of Sheikh Baboo and in the meanwhile, the appellant Sheikh Baboo kept the gun inside the house and took out another gun and threatened Jamshed. Thereafter, Jamshed caught the barrel of gun but Sheikh Baboo fired a gun shot as a result of which. Jamshed sustained injury on the right thigh. Jamshed sent Sheikh Ayub to Police Station where, he lodged the report Ex. P-2. Thereafter, Jamshed was sent to hospital, but the doctor found that he had already expired. The merg intimation Ex. P-10 was registered in Police Station. The Investigation Officer prefared the site plan, Ex. P-3. After preparing the inquest report, he requested the doctor to conduct the post -mortem vide memo Ex. P-12. PW 1 Dr. G.S. Kesharwani conducted the postmortem and handed over his post-mortem report Ex. P-1.

(3.) THE trial Court came to this conclusion that the offence under section 302 of IPC was not proved beyond reasonable doubt, but instead of that, the offence under section 304 Part II of TPC was proved and the appellant was sentenced accordingly.