AJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved of the judgment dated 27/11/2017 passed by the Sessions Judge, Chhindwara in ST No.121/2015, whereby the present appellant has been convicted under Section 304 (Part-I) of IPC and sentenced to five years' rigorous imprisonment with fine of Rs. 5,000/- with default clause.

(2.) In brief the facts of the case are that on 7.2015 at around 9:15 PM in the night complainant Mitesh's elder brother Monu @ Ritesh and co-accused Vijesh had an altercation near Hanuman temple. On hearing the same complainant Mitesh and his father Ram Prasad went to the house of co-accused Vishnu where Monu @ Ritesh was telling that accused Vijesh had assaulted him as he was asking for the consideration which was fetched by selling his motorcycle, at that time other accused Vishnu and Ajesh, the present appellant also came there with sticks in their hands. Complainant Mitesh and his father Ram Prasad were abused and were thrashed by sticks. Ram Prasad got injured in the incident and fell down after receiving the injuries and when other villagers intervened, they were separated. After the incident the injured was taken to the Primary Health Centre, Junnardev and intimation of the crime was given to ASI C.S.Uike, who recorded the Dehati Nalishi (Ex.P-27). Injured Ram Prasad (deceased) was examined by Dr. Raghuvir Singh (PW-9) vide MLC (Ex.P-14). Similarly, Dr. Raghuvir Singh (PW-9) also examined injured Mitesh, who had injury on his right hand and was advised for x-ray. Ram Prasad succumbed to the injuries at about 1:45 AM in the night on 8.2015, hence a Marg intimation was also made and in the post-mortem report prepared by Dr.Manish Gathoriya (PW-10), the following injuries were found on the person of the deceased:-

(3.) So far as injured Mitesh is concerned, he had fracture of third metacarpal of his right hand vide Ex.P12, which has been proved by Dr.Shikar Surana (PW-8).