RATIRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th of January 1993 passed in Sessions Trial No. 34/92 by the Additional Sessions Judge, Khairagarh, Sessions Division Rajnandgaon. By the impugned judgment, appellant- Mohan has been convicted u/ss 302, 324 & 324 IPC and appellant- Ratiram has been convicted u/ss 302/ 34, 324 & 324/34 IPC and both have been sentenced to undergo imprisonment of life and R.I. for 1-1 year respectively.

(2.) The facts, briefly stated, are as under:--

(3.) Mr. D.N. Prajapati, learned counsel appearing on behalf of the appellants, argued that there is no evidence of sharing common intention by A-1 - Ratiram; case of Ratiram is similar to the cases of 3 other accused persons who have been acquitted; there is no evidence to hold that Ratiram participated in assaulting the deceased; on the contrary Ratiram himself received grievous injuries for which son of the deceased Sewakram is being prosecuted u/s 326 IPC, therefore, if separate acts of the 2 appellants are examined, nothing can be attributed to Ratiram. Even there is discrepancy in the eye-witness account and medical evidence so far as acts of Ratiram is concerned. About Mohan, he argued that all the witnesses who are coming against him are relative witnesses and their versions were not reliable for convicting him under the aforementioned Sections of IPC.