LALLU ALIAS CHHOTELAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS Lallu, Sheshmani and Ramraj have been convicted under Sections 304 (II)/34 and 307/34, I. P. C. and sentenced to rigorous imprisonment for seven years and five years respectively. They have also been sentenced to pay a fine of Rs. 1000/- each on each count.

(2.) THE prosecution case was that on 17-2-1991 at about 9 A. M. appellants Lallu, Sheshmani and Ramraj alongwith three other persons came in front of the house of deceased Chhotelal who was constructing a mud-wall. They were armed with lathis. Bishram was one of the labourers who was constructing the wall. The appellants asked him why his son Arjun had beaten Rambahore a day earlier. They threatened to cause injuries to him. Deceased Chhotelal asked the appellants that they should not commit breach of peace in front of his house. The appellants assaulted deceased Chhotelal with lathis causing two lacerated wounds on his head which proved fatal later. During this incident the appellants assaulted Jaglal (P. W. 10) causing head injury. Triveni (P. W. 1) lodged the report Ex. P-1 on the same date at 1. 00 P. M. at Garh Police Station. Chhotelal and Jaglal (P. W. 10) were sent for medical examination. Chhotelal died in the hospital on 18-2-1991 at 2. 10 A. M. .

(3.) THE appellants pleaded not guilty. Their defence was that they had gone to the place of incident to remonstrate Bishram for the unbecoming conduct of his son. It was also pointed out that appellants Lallu and Ramraj had also sustained injuries in this incident. Ramkali on their side was also injured. These injuries have not been explained by the prosecution.