(1.) This appeal under Section 374 of Cr.P.C. has been filed by the appellants being aggrieved by judgment dated 27 th April, 2012 passed by Second Additional Sessions Judge (Fast Track), Mungawali, Distt. Ashoknagar, in Sessions Trial No.38/2011, whereby they have been convicted & sentenced under Sections 302/34 and 323/34 of IPC.
(2.) The prosecution story in brief is that on 12.11.2010 in village Khutiya Bamori at Hanuman temple deceased and the appellants were gambling. After some time, Vijay Pal Singh also joined them. They gambled there upto 10 O' Clock in the night. Thereafter, they went to the field of Padam Singh Patel and started gambling there. At that place, they gambled upto 12 O'Clock in the night. During the aforesaid gambling, there was a quarrel between the appellants and the deceased and in that quarrel, appellant Puran inflicted a blow of lathi over the head of deceased Uttam. He became unconscious. Thereafter, he was brought to his house and some local treatment was given to him. Subsequently, he was taken to the hospital and on the way to the hospital, he died. During incident, appellants also scuffled with Vijay Pal Singh, due to which, he received some injuries over shoulder and back. The report of the incident was lodged at police Station, Mungawali, on 13.11.2010. The police registered the offence under Sections 302, 323, 34 of IPC and investigated the matter. The appellants were arrested on the same day on 13.11.2010 and they were tried for the offences under Sections 302/34 and 323/34 of IPC (for causing injuries to Vijay Pal Singh). The trial Court after recording of evidence, found that offences under Sections 302/34 and 323/34 of IPC are proved against the appellants and awarded life imprisonment besides fine of Rs.5,000/- with default stipulation for the offence under Section 302/34 of IPC and three months R.I. for the offence under Section 323/34 of IPC.
(3.) The learned counsel for the appellants has submitted that trial Court has committed an error of law in holding that offence under Section 302/34 of IPC has been made out against the appellants. He further submits that there is no evidence to prove the offence under Section 323/34 of IPC. Hence, the sentence awarded to the appellants is contrary to law. In alternative, the learned counsel for the appellants has submitted that an offence under Section 335 of IPC can only be said to be made out against appellant-Puran. It is further submitted by learned counsel that fine amount has already been deposited by the appellants.