KAILASH JAYRAM JATAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these appeals have arisen out of the same judgment dated 27.08.2009 delivered by 17th Additional Sessions Judge, (Fast Track Court), Indore in Sessions Trial No.286 of 2008, therefore, they are heard analogously and are being decided by this common judgment.

(2.) Both the appellants have been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.50,000/- each, in default of payment of fine, further to undergo one year R.I. The fine amount is awarded to the widow and son of the deceased as compensation.

(3.) Prosecution case in brief is that on 18.02.2008 at about 2:00 in the afternoon, Mangilal was sitting in the courtyard of his house situated in Village-Dannad, his son Ramesh and daughter-in-law Ramkalanbai were embroiling on some domestic dispute. They were vociferously shouting. On hearing their altercation, neighbour Kailash came to see as to what's happening. At the same time, Ramesh also came out of the room grumbling something. Kailash caught and slapped him and also pushed him down on the floor. In the meantime, Ramprasad also arrived. They both (Kailash and Ramprasad) dragged him up to the house of Mukesh beating him. They both continuously beat him by sticks till death. His son Jeewan laid on him to save him, but the appellants did not stop and gave blow of stick on his left calf. Ramesh sustained injuries on back, chest and head and succumbed. Ayodhyabai, Mahesh and Mukesh reached and rescued both of them. The appellants fled away from the spot.