No evidence witness was produced by the accused in defence.
That Raju succumbed to the injuries.
Through the witnesses who were examined, the prosecution brought on record the documentary evidence including the Injury Report Exhibit P1 as well as the PostMortem Report.
That thereafter, the statement of accused under Section 313 of the CrPC was recorded, in which accused stated that he has been falsely implicated.
As per PW5, Raju fell down and, on her cries, other persons reached the spot.
3.1 Feeling aggrieved and dissatisfied with the Judgment and Order of companyviction and sentence passed by the learned Sessions Court, the respondentoriginal accused preferred Appeal before the High Court being Criminal Appeal No.303 of 2009.
That the accused pleaded number guilty and therefore he came to be tried by the learned Sessions Court for the offence punishable under Section 302 of the IPC.
After companycluding the investigation, the Investigating Officer filed the chargesheet against the accused for the offence punishable under Section 302 of the IPC.
That the prosecution examined as many as 17 witnesses including PW1 Dr. K. Asif, who issued the Injury Report Exhibit P1 PW5 Ms. Kailashi PW15 Dr. Anees Ahmed, who performed the PostMortem Report of the deceased.
The accused ran away.
R. SHAH, J. Leave granted.
The State preferred this appeal against the said decision.
A First Information Report was lodged by one Dalip Kumar at Police Station Nimbaheda being FIR No.32/2008.
It was alleged that on 26.01.2008, when PW5 Ms. Kailashi was returning from the farm, in her presence, Kanhaiya Lal attacked Raju deceased on his head by an axe.
That thereafter, on appreciation of evidence, the learned Sessions Court held the accused guilty for the offence punishable under Section 302 of the IPC and sentenced him to undergo life imprisonment with fine of Rs.1000/ and in default to pay the fine, to undergo further one month SI.
Hence, the present appeal by the State against the impugned Judgment and Order passed by the High Court, companyverting the companyviction of the accused to Section 304 Part I of the IPC in place of companyviction under Section 302 of the IPC.
