STATE OF MADHYA PRADESH Vs. KRIPARAM

JUDGEMENT

(1.) State of Madhya Pradesh has preferred this appeal against a judgment of the High Court of Madhya Pradesh at Jabalpur Bench.

(2.) While granting leave this appeal, this court by its order dated 22nd April, 19% confined the same only as against the first respondent.

(3.) The prosecution case from which this appeal arises is as follows: The respondent in this appeal and two others were chargesheeted by the Maharajpur police for an offence punishable under302 read with34 I.P.C. for having committing the murder of Bati in the intervening night between 10 and 11 of April, 1985, while the said Bati was sleeping in his thrashing yard along with his brother Suraj Prakash (PW-1) and his uncle Nand Ram (PW-3). Prosecution alleged that at that time the three accused persons attacked the deceased with deadly weapons like axe, farsa etc. and the deceased died instantaneously. It is stated that PWs. 1 and 3, being afraid of the assailants, did not move away from the place where they hid themselves and later in the morning at about 8 Oclock they informed the other relatives including Nathu Ram (PW-4), father of the deceased and the information as the crime was lodged at Maharajpur police station at about 8.15 A.M. and the police station was about 3 k.ms. away from the place of incident. During the course of investigation, the prosecution alleges that they recovered blood stained clothes worn by A-1 as also a blood stained axe which was used in attacking the deceased.