MOTI LAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants-Motilal and Santosh Kumar are before us aggrieved by and dissatisfied with the judgment of conviction and sentence passed by a Division Bench of the Madhya Pradesh High Court dated 13.5.2004.

(2.) The parties were neighbours. Their houses were divided only by a wall. They bore animosity with each other. The sequence of events started with defaecation by a child-Nitin in the house of Motilal.

(3.) On 4.7.1999 at about 9.30 a.m. when Nitin son of deceased Munnilal was playing near a tap situated close to his house, Pushpendra son of Motilal put some mud on his clothes. Nitin went to his house and informed his father Munnilal. Munnilal came to the house of Motilal and complained in regard to the conduct of Pushpendra. Motilal, Santosh and Hariram allegedly told him that their children would act in that fashion only. Narbadiya Bai, P.W.-3 reached the spot and told them that they always picked up quarrels. Appellants herein allegedly started inflicting axe blows on Munnilal-since deceased. Narbadiya Bai tried to save him, but allegedly one Jamuna Bai inflicted a blow on her by means of an iron pipe. Appellants Kalli Bai and Guddi Bai also hurled stick blows on Narbadiya Bai. Meanwhile Baldev said to have reached at that point of time. Appellants inflicted axe blows on Baldev and Hariram gave a blow of Baka on Baldev. Appellants Kali and Guddi Bai are said to have given stick blows on Baldev. Appellant-Lachhu snatched the axe from Santosh Kumar and dealt a blow on the head of deceased Munnilal.