KALYAN KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.3.2000 passed by the First Additional Sessions Judge, Shivpuri in Sessions Trial No.2/1999 whereby the appellant having found guilty of the charges of causing homicidal death of Swamilal has been convicted and sentenced for life and penalty of Rs.5,000/- with a default sentence of 6 months R.I.

(2.) The prosecution story which has led to initiation of trial and conviction emanates from the complaint lodged by Nabbo Bai (PW-1) wife of the deceased that on 07/09/1998 the deceased had gone to his agricultural field situated at Naga-Bawadi. In the evening when she (PW-1) came at 5:00 PM after dropping her son Trilok at Shivpuri she found fire being lit to her hut located over "Medh" (boundary which separates respective fields) by Kammu (who has since been tried by the Juvenile Court and reportedly is acquitted of the charges of murder and of causing fire). When the complainant informed this incident to her husband (since deceased) who was present in field when she ticked of Kammu he entered into altercation, threw stones and caused burn injuries to the complainant with a lit up stick from the burning hut. At that moment when deceased reached the spot Kammu told him of his indecently easing in front of his (Kammu's) sister-in-law and he will see him too. Thereafter the Appellant and Kammu took out "Kharerua" from the bullock cart and started beating Swamilal (the deceased) and caused injuries to his head, back and legs. At that moment complainant's brother-in-law Sewak and Prakash Puri (PW-12) came to pacify. Thereafter, Swamilal who was unconscious was taken to hospital in Tempo and was admitted therein. The complainant's report was recorded as Dehati Nalishi (Ex.P/1) by Munish Rajoriya (PW-10) Station House Officer, Police Station Dehat Purani Shivpuri, District Shivpuri.

(3.) Dr. Ratnesh Jain (PW-2) examined the injured Swamilal (since deceased), vide MLC (Ex-P/2) observed following injuries:-