RAJ BAHOR PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) aThis criminal appeal has been filed under section 374(2) of the Code of Criminal Procedure, 1973 against the order of conviction dated 28.07.2005 passed by the Special Judge S.C./S.T. Prevention of Atrocities Act, Rewa in S.T.No. 41/2002 whereby the learned Judge finding the appellant guilty under Section 304 Part II of the IPC has sentenced him to 7 years' R.I. with a fine of Rs. 5,000/- with default clause. The appellant is also convicted under Section 324 of the IPC and sentenced to one year R.I. with default clause. Appellant has already undergone about 13 years in prison/the entire sentence.

(2.) In brief the facts of the case are that on 10.11.2001, at around 6' O Clock in the morning at village Purwa, District Rewa when the complainant P.W.7 Siyadulari, wife of Pushpraj Patel was going to perform her daily rituals, at that time, she saw appellant Raj Bahor Patel armed with Tanga (a weapon made of iron) and as soon as she approached him, he started abusing her and also started assaulting her with Tanga. At that time, appellant's wife Udasiya and his daughter Mamta came there with lathis and started assaulting Siyadulari. On hearing her hues and cries, Siyadulari's husband also came there running and he was also assaulted by appellant Raj Bahor with lathi. At that time, Jagdish Patel, P.W.6 Bhaiyalal Nat, Ramshiromani Nat and P.W.8 Rajaram, father-in-law of Siyadulari came there and intervened. FIR in this case was lodged by the complainant P.W.7 Siyadulari on 10.11.2001 at around 10:30 a.m. in the morning, which was registered at crime No. 196/2001 under Sections 341, 294, 323/34 and Section 506-B of IPC. Since the complainant's husband Pushpraj had also received certain injuries on his hand and head injuries, he was referred to G.M.H., Rewa where on 12.11.2001 at around 06:15 in the morning, he passed away on account of head injuries. A charge-sheet was filed against the appellant, his wife Udasiya and daughter Mamta. Mamta, being minor, was tried by Juvenile Court, whereas the present appellant and his wife were tried by the learned Judge of the trial Court, who after appreciating the evidence on record, has convicted the appellant as aforesaid, however, his wife Udasiya has been convicted under Section 323 of the IPC and a fine of Rs. 500/- only was imposed upon her.

(3.) Learned counsel for the appellant has submitted that admittedly, death of Pushpraj Patel took place after two days of the incident and initially offences in the FIR was lodged under Sections 341, 294, 323/34 and 506 of the IPC and only on account of certain complications and internal injuries that the deceased Pushpraj Patel passed away.