BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred by the appellant against judgment of conviction dated 28/05/2010, passed by Second Additional Sessions Judge, Shujalpur, District Shajapur in Sessions Trial No.285/2009, by which the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo life imprisonment with a fine of Rs.1, 000/- and usual default stipulation.

(2.) The facts necessary to be stated for disposal of the instant appeal are that on 03/09/2009 at about 3.30 pm, complainant Lakhanlal was doing rectification work of electricity in his house, at that time he heard the voice of his neighbour, appellant- Babulal, who was hurling abuses, when he came outside and saw that Babulal was abusing Kamlabai, the mother of the complainant. When Kamlabai stopped Babulal from hurling abuses, he gave a 'latti' blow at her head and as a result she sustained injuries, squatted on the ground and succumbed on the spot. The accused/appellant escaped from the place of occurrence.

(3.) F.I.R of the incident was lodged by complainant Lakhanlal at police-station Shujalpur, district Shajapur. Police registered a case for offence under Section 302 of IPC. SubInspector Sunita Mandloi went to the spot and she prepared 'lash panchnama' of deceased Kamlabai and the dead body was sent to the hospital for postmortem. Dr. Ashish Dubey(P.W.11) conducted postmortem and found that the deceased died due to fracture sustained by her on parietal bone. During the investigation, Investigation Officer Upmanyu Saxena(P.W.12) reached the spot and he prepared spot map (Ex.P/5) and recorded the statements of the witnesses. The appellant was arrested and on the basis of his disclosure statement (Ex.P/8) a 'latti' was recovered vide recovery memo (Ex.P/9). On completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Shajapur, who committed the case to the Court of Sessions and ultimately, it was transferred to Second Additional Sessions Judge, District Shajapur.