NISHA GUPTA, J. - (1.) THIS appeal has been preferred by accused -appellant Ramprakash @Anne challenging the impugned -judgment dated 01/03/2007 passed by learned Additional District and Sessions Judge (Fast Track) No.2, Dholpur in Sessions Case No.14/2006 whereby, the accused -appellant has been convicted for offence u/Ss.323, 341 and 302 IPC and sentenced, as under: - for offence u/S.323 IPC: - 1 year rigorous imprisonment with fine of Rs.500/ - and in default of payment thereof, to further undergo 1 month simple imprisonment. for offence u/S.341 IPC: - 1 month simple imprisonment with fine of Rs.200/ - and in default of payment thereof, to further undergo 7 days simple imprisonment. for offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.3,000/ - and in default of payment thereof, to further undergo 2 years simple imprisonment. Whereas, another accused -Sarnam has been acquitted from the charge of offence u/Ss.323, 323/34, 324, 341 and 302/34 IPC.
(2.) THE case of the prosecution is that Mahavir (PW1) has lodged a written report (Ex.P1) with Police Station Sepau on 21/12/2005 with the contention that on 18/12/2005 at about 12.00 noon, his son was cutting grass from his agriculture field; at that time, appellant -Ramprakash and Sarnam brought tractor there as Lal Singh has put 'hasia' on the boundary wall of the field and they scolded Lal Singh and Manrup, both brothers and also gave beating to them. Both the children have complained the incident to their mother Pooran Dei, who along with Rajan Dei and both children went to the house of Ramprakash. For making complaint about the beating given to the children; at that time, Ramprakash gave pharsa blow on the head of Pooran Dei; resultantly, she fell down and became unconscious. She has been shifted to Sepau Hospital and from there, she has been referred to Dholpur and Gwalior and on 20/12/2005, she died in the Gwalior Hospital. On 21/12/2005, written report has been submitted and FIR No.178/2005 has been registered at Police Station Sepau for offence u/Ss.323, 341, 302 and 34 IPC against the present appellant and Sarnam. After usual investigation, charge -sheet has been submitted in the court of Magistrate, which was committed to the Court of Sessions.
(3.) AFTER committal of the case, the trial court framed the charge against the accused -appellant for offence u/Ss.323, 323/34, 341 and 302 and 324/34 IPC, which he denied and claimed to be tried. To support the case, the prosecution produced 19 witnesses and exhibited 27 documents. The accused -appellant was examined u/S.313 Cr.P.C. He denied the allegation and in defence, accused -appellant has exhibited the statements of the defence -witnesses recorded u/S.161 Cr.P.C. from Ex.D1 to Ex.D4. After conclusion of the trial, the present appellant has been convicted and sentenced as above, whereas accused -Sarnam has been acquitted. Hence, this appeal. Contention of the accused -appellant is that he has been implicated falsely. All the witnesses are of the same family hence, partisan witness cannot be relied upon. Lal Singh is a child witness and conviction on the testimony of a child witness is unsafe. Admittedly, there was no enmity between the parties. There is no pre -meditation of mind as the incident has occurred on a spur of moment. The appellant has not taken any disadvantage of the situation. All these facts have not been considered by the court below hence, present appellant deserves consideration and is liable to be acquitted.;