RAVI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by an accused under section 374 Cr.P.C., is directed against the judgment of conviction and order of sentence dated 13/01/2011 passed in sessions trial No.254/2009 by the Special Judge [S.C. S.T Act (Prevention of Atrocities Act, 1989), Rajgarh (Biaron) convicting the appellant under section 302 IPC and sentenced to suffer life imprisonment with fine of Rs. 2000/- and in default of payment of fine to undergo one year additional rigorous imprisonment.

(2.) As per prosecution story, the daughter of Mangilal (P.W.12) Hokambai (since dead) was married to Ravi Singh (the accused) about 12 years ago and begotten a son, namely; Ankit prior to one and half years of the incident. Her son Ankit has been suffering from boils on the face, as such, Mangilal (P.W.12) on 01/08/2009 took his grandson alongwith his daughter (since dead). After treatment at the hospital, he left them at her inlaws house. As Ankit was required to be taken to the hospital on the next day and he had some urgent work, he gave Rs. 200/- and instructed his son Gaurilal (P.W.9) for taking Ankit to hospital for administering injection.

(3.) Dr. Pradeep Kumar Jain (P.W.4) and his team of three doctors conducted post mortem (exhibit P/15) has found; (i) the age of deceased as 25 years; (ii) eyes semi-open; (iii) pupil dilated and fixed; (iv) bleeding through both nostrils and dribbling on left cheek (v) contusion present 2 x 2 cms., over right frontal area of skull; (vi) contusion 3 x 3 cms., on occipital region of skull; (vii) lacerated wound 3 x 1 cms., upto bone deep on occipital area of skull fracture with clotted blood. (viii) rigor mortis present forehead to hypostasis on back and opined that mode of death was due to shock and intracranial heamorrhage and the cause of death was due to injuries present on occipital region of the skull. As such, deceased had suffered death within 12-24 hours of the post mortem.