SWAMI PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 24.11.1999 passed by a Division Bench of the Madhya Pradesh High Court at Jabalpur in Criminal Appeal No. 762 of 1988 whereby and whereunder a judgment of the learned Sessions Judge, Taikamgarh, Madhya Pradesh dated 30.12.1987 in Sessions Trial No. 4 of 1987 acquitting the appellant from the charge of commission of an offence punishable under Section 302 of the Indian Penal Code, was set aside.

(2.) The basic fact of the matter is not in dispute. One Devakinandan (PW-3) is the father of the appellant as also the deceased Rameshwar. Appellant herein is his son through his first wife. After the death of his first wife, Devakinandan married one Binna. The deceased and Ram Sahay (PW- 4) were his sons and Ramsri (PW-6) was his daughter through Binna, the second wife of Devakinandan.

(3.) On 08.11.1986 at about 10 a.m. Paras Ram (PW-1) Devakinandan (PW- 3), Raj Kumar (PW-2) and the appellant were talking beneath a 'neem' tree near the house of PW-3 as regards partition of the lands belonging to him. Appellant herein claimed = share in the property of PW-3. PW-3, however, declined to give him = share stating that he had three sons and all the sons would get equal shares.