HARIRAM Vs. STATE OF MP

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 29.7.2000, passed by the Second Additional Sessions Judge, Seoni, in Sessions Trial No. 77/1999, convicting him under Section 302 read with Section 34 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) In short, the prosecution case is that on 1.6.1996 appellant and co- accused Radheshyam took lift in Truck Number U.P.-77-5811, which was being driven by Kedarnath Shukla. Ashok (deceased) was the second driver. Accused Hariram stretched his leg outside the window of the running truck, which was objected by Ashok. On this, there occurred an altercation between them. At Metewani Dhaba, truck was parked and all the persons alighted from the truck. When Ashok went to drink water, accused Hariram inflicted a blow on him by means of a bamboo stick. Accused Radheshyam gave fist blows to him. Ashok suffered injuries on his head and other parts of body. Kedarnath took Ashok to Police Station Kurai. Since Ashok was not able to speak, he lodged the report of the incident (Exh. P-6). A case under Section 302 read with Section 34 of the Indian Penal Code was registered against the accused persons. Ashok was sent for medical examination and treatment to Primary Health Centre, Kurai. He was thereafter referred toDistrict Hospital, Seoni and ultimately to Medical College, Nagpur. ON 2.6.1996, at about 8,30 p.m. Ashok succumbed to injuries.

(3.) After investigation, charge-sheet was filed and the case was committed for trial.