I. Fracture 17 cm long right and left parietal bone region;Fracture Left zygomatic arch;{11/01/2018 } Per J.P.Gupta, J :This appeal has been filed assailing the judgment dated 16/10/2006 passed by the 2 nd Additional Sessions Judge, Khandwa, in Sessions Trial No.103/2006 whereby the appellant has been convicted under section 302 of IPC for committing murder of Lakhan and sentenced him to undergo R.I. for life imprisonment as mentioned in the impugned judgment.It is undisputed in the case that Pintu (PW-5) is son of the deceased, Sulochna Bai (PW-4) is wife of the deceased and Ranju Bai (PW-1) and Manda (PW-6) are daughters of the deceased and house of the deceased and the appellant are situated in the same vicinity.In brief, the facts of the case emerge from the findings of the learned trial court and evidence on record are that one day before the incident altercation were taken place between the deceased and the appellant on account of throwing of live electric wire towards the house of Lakhan.On 21/03/2016 near about 6.30 PM Lakhan went towards the betel shop and his son Pintu (PW-5) was coming towards his house, he saw that the appellant was beating his father Lakhan with the stick.Then Pintu (PW-5) got frightened came to his house and informed to his mother and sisters, then he along with his mother Sulochan Bai (PW-4) and his sisters Ranju Bai (PW-1) and Manda (PW-6) went towards the place of the incident and they found Lakhan lying in the front of the house of the appellant.He was injured and dead.Then Sulochan Bai (PW-4) called for Shivlal (PW-7) and Rameshchand (PW-8).They came on the spot and Sulochan Bai (PW-4) informed that Pintu (PW-5) had narrated that appellant assaulted the deceased with the stick and caused his death.Thereafter Rameshchand (PW-8) telephonically informed to the police station Piplod.Thereafter police party reached on the spot near about 11 PM where Dehati Nalish (Ex.P-5) and Marg Intimation (Ex.P-7) was recorded on the basis of information given by Sulochan Bai (PW-4) and thereafter FIR (Ex.P-13) was registered at Police station Piplod, Tehsil Khandwa as Crime No.80/2006 under sections 302 of the IPC.During the investigation the dead body of the deceased was examined by Dr. Anil Kumar (PW-2) and after completing the other formalities of the investigation, the charge sheet for commission of offence punishable under section 302 of IPC against the appellant was filed before the Chief Judicial Magistrate Khandwa, who in turn committed the case to the court of Session Khandwa from where it was received on transfer by the 3rd Additional Session Judge (Fast Track Court) Khandwa who conducted the trial.During trial against the appellant/accused charge for the offence punishable under sections 302 of the IPC was framed.He abjured his guilt and claimed to be tried.His defence is that he has been falsely implicated in this case and in his defence no witness has been adduced.Learned Trial court after completion of the trial, convicted and sentenced the appellant for commission of the offence punishable under section 302 of IPC on the basis of evidence of Pintu (PW-5) finding his testimony creditable and getting corroboration from the statements of Sulochan Bai (PW-4), Ranju Bai (PW-1) and Manda (PW-6) as well as Shivlal (PW-7) and Rameshchand (PW-8) and further getting corroboration from the statement of Dr. Anil Kumar (PW-2).Apart from it, there is no compliance of section 157 of Cr.P.C. The FIR is antedated with a view to falsely implicate the appellant.Further contended that Dr. Anil Kumar (PW-2) has not opined that any single or all injuries in cumulative effect was sufficient to cause death in ordinary course of nature.In such circumstances, looking to the alleged motive, nature of weapon, it cant be said that the appellant assaulted the deceased with the intention to kill him or caused injuries intentionally which were sufficient to cause his death in ordinary course of nature.The same was caused on account of assaulting by other person.Therefore, the nature of the death was homicidal.As per Ex.P-1 according to Dr. Anil Kumar (PW-2) following injuries were found on the body of the deceased:-i. Lacerated wound 2 X1X1 cm over lateral end of left eyebrow;Contusion 15X2 cm over chest extended from just above left nipple to down ward to Right nipple region; iii.Contusion 17 X2 cm over chest extend from below 3 cm from Left nipple to right nipple;Contusion 16 X2 cm over left hypchorid region and Epigestric region extend from near mid axillary line lower chest left to downward epigestric region; v. Abrasion 1 X1 cm lateral to 2 cm from No.1 On dissection following injuries were found:-Fracture Left 5th rib near sterrium bone region;Sub dural and extra dural haemorrhage present and large haemorrhage present;He opined that cause of death was excessive haemorriage and shock due to multiple fracture of body and chest injury.Leading to cardio respiratory arrest.Injuries are homicidal in nature and duration of injuries were within 24 hours.Now the question is that whether the aforesaid injuries was caused by the appellant with the stick.In this regard Pintu (PW-5), who is son of the deceased has categorically stated that on the date of incident near about 7 pm when he was coming to his house in the front of the house of appellant, he saw appellant was beating his father with the stick.Seeing this incident, he was frightened and go home from the way of back side and told his mother that the appellant is beating his father.Thereafter he along with his mother and sisters went towards the appellants house and saw his father was lying dead and there were injuries on forehead, chest and stomach of his father.Sulochan Bai (PW-4), Ranju Bai (PW-1) and Manda (PW-6) have also stated the same thing in their statements.As per statement of Sulochan Bai (PW-4) she called for Shivlal (PW-7) and Rameshchand (PW-8) and told them the facts of the incident and then Rameshchand (PW-8) informed to the police.Shivlal (PW-7) and Rameshchand (PW-8) have supported this story and Investigating Officer, N.P Dhada (PW-11) have also stated that near about 10 PM Rameshchand (PW-8) telephoned to the police station Piplod and informed that one person is killed in his village and thereafter he sent police force to the village.Sulochan Bai (PW-4) also stated that in the night police force came, she informed to them about the incident and Dehati Nalish (Ex.P-5) and Marg Intimation (Ex.P-7) was recorded by the police.In the statement of the aforesaid witnesses, there is no material contradiction and omission.Shivlal (PW-7) and Rameshchand (PW-8) are independent witnesses and they have reached on the spot very soon where Sulochan Bai (PW-4) have categorically disclosed them that his son Pintu (PW-5) saw the incident and the deceased was beaten by the appellant with stick.

Cited provisions: Section 302 in The Indian Penal Code; Section 304 in The Indian Penal Code