ASHARAM TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, A2, assails his conviction and sentence under Sections 302/34, 324/34, 325/34 and 323, IPC to life imprisonment and lesser punishments. Four accused persons were put on trial, the appellant being one of them, for an occurrence that took place on 23.10.2006 at about 4.00 pm. Two persons were deceased and three injured. Accused no. 3 and accused no. 4, who are not before us, have also been convicted under Section 302. Accused no. 1 has been convicted alike the appellant.

(3.) The genesis of the occurrence lay in certain lands purchased by PW-1, from the father of the appellant. Peeved, the appellant along with the co-accused came to the lands of PW-1 and asked him to return the lands to him. On refusal by PW-1, the accused are said to have threatened the witness and assaulted PW-1, his wife PW-4, their 12 years old son Ramashankar who was deceased within twenty four hours during course of treatment and their minor daughter. The appellants are then said to have proceeded to the house of Ramdas, the brother of PW-1, and shot him dead in presence ofhissonPW-2.