BALRAM ALIAS BALLU Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 18-4-2002 passed by learned Second Additional Sessions Judge, Ashoknagar, Guna, in Sessions Trial No. 330/2001 convicting the Appellants under Sections 302/34 of I.P.C. and thereby sentencing them to suffer life imprisonment and fine Rs. 5,000/-each with a further stipulation that in default of payment of fine, they shall further undergo five years simple imprisonment, this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the Appellants.

(2.) In brief the case of prosecution is that on 26-9-2001 some time earlier to 11 p.m. Seetaram was taking dinner in his house along with his father-in-law Samaliya, who is father of Munna (hereinafter referred to as the deceased) and one guest namely Himmat Singh. At that juncture, by consuming liquor, Appellants arrived there and Appellant-Bhagirath made demand to provide chicken, but Seetaram did not accept his demand. Thereafter, Appellant-Balram alias Ballu demanded eggs from him, and this request was also not accepted, Thereafter, both the Appellants asked to provide money to purchase chicken and eggs, but .this request too was not accepted. Eventually, both the Appellants became annoyed on Samaliya (father of deceased) that he (Samaliya) managed to get their father killed and now you will become child less and you may carry your son Munna (deceased) elsewhere, On this, Samaliya told that both of us have compromised, now why you are teasing him. Thereafter, both the Appellants went towards the house of Patel. After the departure of Appellants, within 2-3 minutes Seetaram went to drop Samaliya (his father-in-law) at his house by adopting some different way and when both of them arrived at the house of Samaliya, in the veranda in the light of electric bulb they saw that Munna (deceased), who is the son of Samaliya, was being assaulted by the Appellants and he was lying on the road. According to the prosecution, Bhagirath was giving axe blows on the person of deceased. while Appellant-Balram alias Ballu was giving, blows of Thunsa (last end of the lathi). On seeing the scene, Seetaram and Samaliya shrieked to rescue and on hearing their scream, Appellant-Bhagirath by climbing up on the Patore and Appellant-Balram alias Ballu from the front side fled from the place of occurrence. After the departure of accused persons from the place of occurrence, these two persons examined Munna and found that he sustained umpteen incised wounds on neck, back, armpit etc. and he was dead. On hearing hue and cry, Lalaram Bhoi, Failiram, Muniram etc. arrived at the spot, to whom the incident was narrated by these two persons.

(3.) It is the further case of prosecution that by leaving Samaliya nearby the dead body of the deceased, Seetaram along with Failiram, Muniram and Chatra Kotwar went to lodge first information report in police station, Esagarh, which is 16 kms far away from the place of occurrence. The First Information Report was lodged at 2 a.m.