FERU RAM VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals i.e. Criminal Appeal No. 2304 of 1999 and Criminal Appeal No. 2884 of 1999 are being disposed of by a common judgment since they arise out of one incident and one judgment dated 22.07.1999 passed by the learned Third Additional Sessions Judge, Raipur, in Sessions Trial No. 359 of 1993 whereby the Appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_48_LAWS(CHH)9_20162.htm</FRM>

(2.) Briefly stated facts of the case are that on 03.09.1993, at about 6:10 am, Punit Ram (PW-1) lodged an FIR (Exhibit P/1) in the police Station Kharora, District Raipur to the effect that he belongs to village Ghorbhatti. According to him, the relation between his party/family and the party/family of Feru Ram Verma were strained for a long time. A few days earlier, Raju @ Rajendra Kumar son of Feru Ram had beaten his brother Jitendra. In that connection a meeting / panchayat of the villagers was called. In this meeting, his father-Kejau, his uncles Mani Ram, Ram Singh and his younger brother Jitendra and prominent people of the village were present. While the meeting was going on, suddenly Feru Ram, his son Raju @ Rajendra, Suman Thanu and Kartik all came to the place of occurrence. They were armed with knives. Raju gave knife blows to his father and uncle Ram Singh. Feru Ram gave knife blow to Mani Ram and Suman also gave blows with knife to his father Kejau. His father fell down at the spot and died soon thereafter. After causing injuries, the accused ran away from the spot.

(3.) There are certain undisputed facts. The first undisputed fact is that meeting was taking place. It is also not disputed that during the meeting, an altercation took place. It is also not disputed that a fight took place. It is also not disputed that there was previous enmity between the parties.