STATE OF MADHYA PRADESH Vs. KAMLA SHANKAR

JUDGEMENT

(1.) It is a State appeal under Section 377 of the Code of Criminal Procedure for enhancement of sentence filed against the judgment and order dated 11-7-1988, passed in S.T.No. 9/98 by the Additional Sessions Judge, Rajnandgaon wherein the accused was acquitted of the charge as levelled against him under Section 302, IPC and instead he has convicted under Section 304, Part-II, I.P.C. and sentenced to a fine of Rs. 3000/- only and in default of payment of fine, the accused was required to undergo simple imprisonment of one year.

(2.) The incident in question relating to the conviction of accused Kamla Shanker is dated 11th October, 1987 occurred in village Mohra. Accused Kamla Shanker was running a Bhatti (distillery) and on 11-10-87 while Kanhaiya, the deceased was going on cycle from village Motipur to Mohara accused Kamla Shanker stopped him at his distillery and after stopping him offered liquor to him which he consumed along with other eatables. During this period there has been some altercation between the deceased and the accused, which infuriated the accused who brought a Lathi from his shop and gave beating to the deceased, as a result of which the deceased suffered injuries and he succumbed to the said injuries. The report of the incident was lodged on 11-10-87 by Sarpanch Awasthidas at Police Station Dongargarh at 6.35 p.m. regarding the incident which took place at 4.00 p.m.

(3.) The prosecution examined as many as 23 witnesses including Dr. Rajesh Sadani (P.W.9), who conducted the post mortem examination and found the following injuries on the person of the deceased vide report Ex. P-9 :-