RADHESHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against his conviction under Section 302 of IPC and sentence of life imprisonment with fine of Rs.10,000/- and in default of payment of fine further to undergo rigorous imprisonment for three months recorded by Additional Sessions Judge, Susner, District--Shajapur in Sessions Trial No.48 of 2011 vide judgment delivered on 17.6.2011.

(2.) The prosecution case in short is that on 15.1.2011 Guman Singh (PW-2) and his brother Sujan Singh were loading thorny bushes in their Cart. Near to them crop of 'Tara Meera' was standing in their field. A cow of Radheshyam barged into their field and started grazing the crop. They pushed her back and again started loading their Cart. Sujan Singh also raised an objection before Radheshyam as to why he didn't stop his cow to enter their field. Radheshyam started abusing them and suddenly inflicted a stick on the head of Sujan Singh. Shyama also gave a blow on his head. Sujan fell unconscious. Guman took him to the hospital, where he was declared brought dead.

(3.) The Doctor informed the police station--Susner, District--Shajapur (Ex.P/1). The police registered merg Ex.P/15. The Police reached the hospital, called the witnesses and prepared panchanama lash (Ex.P/4 & 5). The Police also requested the doctor for postmortem vide Ex.P/3. Dr. J.C. Parmar performed the autopsy and submitted report Ex. P/2. In postmortem it was found that the death was due to cardio respiratory arrest caused by the injury sustained on the head particularly injury No.2 sustained on the occipital area of the head. The police registered FIR Ex. P/14 at crime No.6 of 2011 under Section 302 / 34 of IPC against Radheshyam and Shyama. The police visited the spot, prepared spot map Ex. P/11, arrested the accused vide Ex.P/9, recovered a stick from his possession vide Ex. P/6 and also recorded the statements of the witnesses. In the investigation, co- accused Shyama was found minor, therefore, a separate charge-sheet was filed against him before the Juvenile Justice Board and charge-sheet against the present appellant was filed before the Judicial Magistrate First Class, who later on committed the same to the Sessions Court.