MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 16.11.2007 passed by the Madhya Pradesh High Court, Jabalpur Bench at Gwalior in Criminal Appeal No. 388 of 2001. By the aforesaid judgment and order, the Division Bench of the High Court has not only confirmed the order of conviction and sentence of Shri Ramdutt, who was convicted by the Trial Court under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and for 3 years rigorous imprisonment under the Arms Act but also set aside the order of acquittal passed by the Trial Court in the cases of Mahesh and Kanhaiyalal.

(2.) The High Court by passing the impugned judgment and order has convicted both the aforesaid accused persons under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. The sum and substance of the aforesaid order of conviction and sentence is that all the three accused persons have now been convicted under Section 302 read with Section 34 of the Indian Penal Code and, therefore, all of them have been sentenced to undergo rigorous imprisonment for life.

(3.) The prosecution story in brief is that on 1.11.1993, the complainant Badri Lal(PW 1) along with Rambabu (PW 3), son of deceased Kirori, went to their chilly field to water the same. The said field was adjacent to the field of Mahesh and Ramdutt who, at that point of time, were watering their field. When asked by the complainant and Rambabu about watering their field, Mahesh and Ramdutt told them that they can water their field only after watering of their field is completed by them.