ATMARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure has been preferred against the judgment dated 6-7-1998 passed by First Additional Sessions Judge, Ujjain in ST No. 136 of 1996 convicting the appellant-accused Atmaram under Sections 302 and 323, IPC and sentencing him imprisonment for life and also 3 months RI respectively, which shall run concurrently.

(2.) APPELLANT-ACCUSED is the son of Nagu. Both were prosecuted before the trial Court. Nagu was convicted under Section 323, IPC and sentenced to fine of Rs. 500/- but he has not filed any appeal against the same.

(3.) AS per prosecution story, on 11-3-1996 at about 11. 00 p. m. appellant-accused Atmaram and his father Nagu came in front of the house of Balu and started abusing Balu. Balu and his brother Ramaji tried to persuade the appellant-accused Atmaram not to abuse but the accused said that today he will kill him and thereafter he came with a lathi (Gedia) alongwith his father Nagu. Nagu also started shouting and abusing and said that finish them today, whatever happens he will see. Suddenly accused Atmaram assaulted with lathi (Gedia) on the head of Balu. Balu fell down, his brother also tried to save him, then the accused also gave blow on his head and when Gulabbai and Basantibai, sister-in-laws of the deceased came to save him, then Nagu gave a blow on their head also. Kaniram and Chander both also tried to save them. Balu started bleeding from his nose and got swelling on his eyes. Ramaji had also received injuries on his head and blood was oozing. They brought Balu in the bullock-cart to Chikali and thereafter took him to Police Station, Ingoria in a Matador where Ramaji, his brother had lodged First Information Report (Ex. P-1) at 1. 10 a. m. in the night. The distance of police station from the incident is 9 kms. The incident took place at Village Bamnapati, Police Station Ingoria, District Ujjain. Crime No. 49 of 1996 was registered initially under Sections 294, 506 and 323/34, IPC.