Decided on February 26,2018

Kalu S/O Vesta Mankar Appellant
State of M.P. and Others Respondents


S.C.SHARMA,J. - (1.) The present appeal is arising out of the judgment dated 04-07-1998 passed in Sessions Trial No. 81/1998 (State of M.P. v. Kalu), by which the learned II Additional Sessions Judge, Badwani has convicted the appellant under section 304(2) of the IPC and has been sentenced to undergo seven years RI alongwith a fine amount of Rs. 1000/- and on account of non-payment of fine further six months additional rigorous imprisonment.
(2.) As per the prosecution case the appellant Kalu on 10-12-1997 at about 06:00 PM near Village Morekata, Police Station Badwani assaulted one Banga S/o Jamsingh. He gave him blows and also caused injuries by stone. First Information Report was lodged by one Gulabibai, who is the mother of the deceased on 10-12-1997 itself and she has stated that while she was sitting in front of her house Gordia's son in law(brother-in-law of Gulabibai) came towards her house and started abusing her son. Her son was given fists blow and thereafter he was assaulted with stone also. On the basis of the report lodged by Gulabibai a criminal case was registered for an offence under section 302 and 294 as the son of Gulabibai later in night expired. The investigation was carried out and the witnesses under section 161 of CrPC, 1973 have stated about the involvement of the present appellant. They have stated that Banga was beaten up by the present appellant who gave him fists and kicks blow due to which he fell into a pit (Nallah) in front of his house and thereafter stone was thrown upon the deceased by the present appellant. A charge sheet was filed and charges were framed in the matter and after a detailed trial the appellant has been convicted for an offence under section 304 Part II of the IPC.
(3.) The trial court has examined PW-1, Gulabibai, who is the mother of the deceased. She has supported the prosecution case. PW-2 Maniglal, has also supported the prosecution case. PW-3 Bhangda, has also supported the prosecution case. PW-4 Dr Mohan Gupta, who is a Surgeon has carried out the postmortem and he has stated about the injuries received by the deceased. The other witnesses have also supported the case of prosecution.;

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