KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Sessions Judge, Mandleshwar, District West Nimar, in Sessions Trial No.167/2007, vide judgment dated 22/09/2008 recorded the conviction of accused/appellant-Kalu for offence punishable under Section 302 of IPC and sentenced him to undergo life imprisonment and to pay fine of Rs. 500/- in default to suffer further imprisonment of two months. Being aggrieved, appellant has preferred this appeal under Section 374(2) of Cr.P.C.

(2.) The facts of the case in short are that on 13/07/2007, at about 5.00 pm Mehtab Khan, husband of deceased Parubai, was eating food and she was standing in front of her house, at that time, accused/appellant-Kalu in influence of liquor came there and started uttering obscene words. When Parubai stopped him from uttering obscene words appellant/accused-Kalu gave a forceful blow on her head by stone. After hearing cry and hue Mehtab Khan and Pratab Khan came to rescue Parubai, then accused/appellant-Kalu fled away from the spot. As the incident took place at the night, F.I.R could not be lodged on the same day. Parubai reported the matter at police-station Balakwada and police recorded Adam-check under Section 504, 323 of IPC, thereafter, she was sent for medical examination at Community Health Centre, Kasrawad, where she was examined by Dr. Anita Pandey (P.W.7) and the injuries caused to the deceased was found simple in nature.

(3.) After receiving the medical examination report on 20/07/2007, F.I.R bearing crime no.151/2007 was registered against accused/appellant-Kalu at police-station Balakwada for offences under Sections 324, 504, 323 of IPC. Due to some complications caused in her injury, Parubai was taken to Thikri Hospital for treatment from where she was referred to District Hospital Khargone, where she was examined and admitted for treatment. On X-ray examination, fracture was deducted on her tempo parietal region, however, during the treatment Parubai died on 21/07/2017. On receiving the information regarding the death of Parubai, police registered merg No.27/2017.