JOHRILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have been convicted for two offences under Section 302, read with Section 34, of the Penal Code, and each has been sentenced to suffer rigorous imprisonment for life for each of the two murders. The sentences have been ordered to run consecutively in case of each of the appellants.

(2.) THE accused and the deceased were related thus:--_____________________________________________________ | | | | babulal Gangaprasad Shambhudayal Nokhelal (killed) (accused) | | Johrilal gendlal (accused) (killed)There was some dispute regarding land between Gangaprasad and Babulal. Gangaprasad had filed a suit against Babulal for possession. In that suit, shambhudayal and Johrilal were also joined as defendants. A decree for possession was passed in favour of Gangaprasad. They are residents of village gowari. On May 10, 1967, the marriage of one Khushaliram's daughter was to be celebrated at village Kudodobri. Gangaprasad and Gendlal went there to attend the marriage. At about 8 P. M. on that date, when Gangaprasad was sitting in the 'manda' in front of Khushaliram's house, both the accused Shambhudayal and johrilal suddenly appeared there and Johrilal dealt a blow with his axe on the neck of Gangaprasad. Shambhudayal also struck him with his lathi. Gendlal rushed to rescue his father, whereupon a fight ensued between them and Gendlal. The accused Johrilal managed to give another blow with his axe on the shoulder and neck of Gendlal. Both father and son fell dead. The accused fled away towards village Gowari.

(3.) THE defence of both the accused was that they were falsely implicated by mehtabsingh because of enmity.