LAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of CrA.No.668/ 92 and CrA.No. 1932/03 arising out of the same judgment dated 24.6.92 passed by Additional Sessions Judge. Multai District Betul in S.T. No. 181/89.

(2.) Appellants Lakhan and Kailash alongwith one Munna were convicted under Section 302/ 34 of IPC for committing murder of Raju and sentenced to imprisonment for life with fine of Rs. 1,000 each, in default rigorous imprisonment for six months by the impugned judgment. Being aggrieved by the aforesaid conviction and order of sentence, appellant Lakhan preferred Cr. A. No.668/92, while appellant Kailash filed CrA.No. 1932/03. It seems coconvict Munna (reported to have died) did not prefer any appeal.

(3.) According to prosecution on 9.8.89 at village Tirmahu, in the evening hours when Raju (hereinafter referred to as 'deceased') was sitting beneath Guava tree in front of his house & Munna and appellant Kailash were sitting in the nearby house of Barik Rao, his brotherinlaw. Babbu came there and entered into some altercation with his son Munna. As the deceased asked them not to make noise. Munna and appellants Kailash and Lakhan alongwith acquitted coaccused Saligram began to assault him Coaccused Saligram gave him a blow with a Sabbal. while Munna and appellants Kailash and Lakhan gave him Lathi blows. On heanng his cries for help, his mother Bhagwanti. younger brother Kaju, wife Sukiya. sister Rashi and her husband Barik Rao rushed to the place of occurrence and witnessed the incident. They took the deceased inside the Verandah of the house, where he breathed his last in the meantime, the assailants fled away.