NAND KISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and the order of sentence dated 30/7/2010 passed by Additional Sessions Judge, Karera, District Shivpuri (M.P.) convicting the appellant Nandu @ Nand Kishore for the offence punishable u/S. 304 Part-II and sentencing him to suffer 10 years R.I.

(2.) In nut-shell, the case set up by the prosecution in the course of trial was that at about 6 p.m on 4/11/2009 argument and altercation took place near the under bridge at village Dinara between deceased Bharat and the appellant Nandu alias Nand Kishore on the issue of borrowing/returning of Rs. 250/-. During this argument/altercation, appellant gave 2 fist blows which landed on the nose and head of the deceased who fell down, went into coma and thereafter succumbed to the injury. Inquest was registered u/S. 174 Cr.P.C. and after death of deceased, offence punishable u/S. 304 IPC came to be registered.

(3.) After investigation, charge-sheet was submitted. The matter was committed to the Court of Sessions where charge was framed against the appellant for the offence punishable u/S 302 IPC.