LAWS(MPH)-2018-1-338

JAGDISH PRASAD Vs. STATE OF MADHYA PRADESH

Decided On January 24, 2018
JAGDISH PRASAD Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 374 (2) of the Cr.P.C. being aggrieved by the judgment dated 01.02.1995 passed by Sessions Judge, Satna in S.T. No. 84/944, whereby the appellant was convicted for offence punishable under Section 302 and 323 of the IPC and sentenced for life imprisonment along with fine of Rs. 1000/- and one month R.I. respectively with default sentence.

(2.) In brief the prosecution case is that the appellant and complainant party resided at village Karhiya Police Station, Singhpur District Satna. On 26.2.1994 at about 9:45 a.m., one (co-accused) Prem Narayan teased the daughter of Jaylal. When Jaylal complained about the incident to Ramkripal (father of Prem Narayan), the appellant and other co-accused persons came with arms (Lathi, Bamboo Stick and axe). In furtherance of their object, they assaulted Rajrani, Dinesh, Shanti, Lalji, Jaylal and Kadoli (brother of complainant Jaylal). Kadoli died due to fatal injuries caused by the appellant. Hence, FIR was lodged by Jaylal against the appellant and other co-accused persons for the offences under Sections 302 and 323 read with Section 34 of the IPC at Police Station Singhpur, District Satna. After due investigation, charge sheet was filed against the appellant and other co-accused persons.

(3.) After considering the entire evidence on record, learned trial Court found that Kadoli was died due to head injuries caused by the appellant by means of bamboo stick. Further, the appellant voluntarily caused simple injuries to Lalji, Shanti, Dinesh and Rajrani. They were family members of deceased and eye-witnesses of the incident. Hence, he was convicted for offence punishable under Section 302 and 323 of the IPC and sentenced as mentioned in paragraph 1.