Arijit Pasayat, J. -
(2.)Challenge in this appeal is to the correctness of judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. By the impugned judgment conviction of the appellant for offence punishable under Section 302 of Indian Penal Code, 1860 (in short IPC) and sentence of RI for life and fine of Rs.500/- imposed by the trial Court were maintained.
(3.)Background facts in a nutshell are as follows:
On 26.5.2004 in village Teki marriage function of the daughter of one Rama was going on. In the said marriage function, Rama invited complainant Madhu Singh (PW-2) and his family members. In the afternoon between 3 to 4 p.m. father and mother of the complainant i.e. Mal Singh (hereinafter referred to as the deceased) and Sajjan Bai, went to the house of Rama for taking meals. At that time the complainant Madhu Singh was sitting and taking his meal and his father was going to another room for taking meal. At that juncture accused Bondar, his son accused Pappu i.e. the present appellant and Munna reached there, abused Mal Singh and asked him as to who had invited him. There was exchange of hot words and altercations took place. Suddenly, appellant Pappu dealt a lathi blow on the left side of the head of the deceased Mal Singh. Accused Munna also caused injury on left shoulder and left hand of Mal Singh. Because of blow by lathi, Mal Singh fell down on the ground. At that moment Madhu, Ban Singh and Sajjan Bai witnesses rushed to save deceased Mal Singh. The deceased fell down unconscious because of the injuries. The appellant and other accused persons threatened the complainant and others and fled away from the scene of the occurrence. The incident was witnessed by Ban Singh (PW-5), Sajjan Bai (PW-3), Madhu (PW-2) and Kamlabai. PW-2 lodged the report (Exhibit P-2) on the same day in the night about 8 p.m. at Police Station, Baag. His report, (Exhibit P-2), was recorded by Inspector K.C. Pathak (PW-7). On the basis of the report Crime No.90/04 under Sections 307 and 294/34, IPC was registered. Injured Mal Singh was sent for medical examination to Primary Health Centre, Baag, where he was attended by Dr. H.S. Muvel (PW-6). Dr. Muvel found only three external injuries on the person of the deceased vide his medical report (Exhibit P-12). Injured Mal Singh was immediately referred by letter, Exhibit P-13, for further treatment to District Hospital, Barwani because at that time he was in coma. Further investigation was done by S.P. Singh Sisodiya (PW-10), and the Station House Officer. He prepared spot map, (Exhibit P-3) and effected seizure of Terricot Kurta, Dhoti and Shawl from the house of the deceased Mal Singh. The injured died in the District Hospital, Barwani on 27.5.2004. Intimation to this effect was sent to the police. Thereafter, the police prepared inquest report and sent the deceased for post-mortem examination. Post-mortem was performed by Dr. Deepak Mayeriya (PW - 9). On completion of investigation, the charge-sheet was filed indicating commission of offences punishable under Sections 302, 294/34 and 506(2)/34 of the IPC against the appellant and other accused persons.