BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed under section 374(2) of Cr.P.C. on 09.12.2009 by the appellant against the judgment dated 05.11.2009 passed by the Sessions Judge, Hoshangabad in Sessions Trial No.85/2009. The learned lower Court convicted the appellant for the offence under section 302 of IPC and sentenced to R.I. for life with fine of Rs. 1000/- with default stipulation.

(2.) As per prosecution case, on 07.03.2009, the accused was digging earth for construction of pit for latrine. The mother of the complainant Gopichand namely Devaki Bai said to the accused that he should dig the pit in his own area not in her area. Then the accused assaulted the deceased by the help of Sabbal and caused injuries on her head and hand. The deceased became unconscious. The incident was viewed by Bansilal and Bhurelal. Thereafter, complainant, his father and other villagers rushed the Devaki Bai to the Hoshangabad Hospital. Thereafter, Gopichand reached to the police station, Dolariya and lodged FIR Ex. P-1. Thereafter, on 07.03.2009 at 11:45 a.m. the police registered the Crime No. 15/09 under Section 307 of IPC .

(3.) Devaki Bai expired on 08.03.2009 at 03:30 a.m. in Pandey Nursing Home. The written report Ex. P-13 was sent by the said Nursing Home to the police and the Hoshangabad police, Dolaria registered the Marg No. 0/17 of 2009 Ex. P-13 in the night at about 03:50 am. Upon the basis of this, police, Dolaria registered Marg No. 6/09 Ex. P-18 on 09.03.2018 at 09:30 a.m. and included the Section 302 of IPC. The police reached on the spot and prepared the spot map Ex. P-9 and also prepared inquest Panchnama Ex. P-3.