PARILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 28.9.2001 passed by Additional Judge to the Court of Additional Sessions Judge, Multai District Betul in Sessions Trial No.156/2000 convicting the appellants under sections 302/34 and 324/34 of the Indian Penal Code and sentencing them to imprisonment for life and rigorous imprisonment for 2 years on each count, respectively.

(2.) IN short, prosecution case is that complainant Nathuram (PW-14) lodged first information report Ex.P/13 that his Sadu Bhai (husband of sister-in-law) Sunderlal (deceased) had come to his house as a guest. On 20.5.2000, in the evening his daughter Sunita, who had gone to the house of accused Parilal, came to him and informed that Parilal rebuked her as to why she did not come earlier. Sunderlal went to the house of Parilal, who was living in the neighbourhood, to admonish him. Hearing altercation between them, he went there to intervene. He saw that suddenly Parilal dealt a knife blow in the abdomen of Sunderlal. When he tried to intervene, Parilal also inflicted a knife blow on his right arm. Manti Bai dealt a blow with an axe on his left leg. Rooplal and Langdu also reached there and intervened. Sunderlal died at the spot and Nathuram suffered grievous injuries. Police Bordehi registered the first information under sections 302/34 and 307/34 I.P.C.

(3.) PROSECUTION examined 18 witnesses to substantiate its case whereas appellants Manti Bai and Parilal appeared as defence witnesses under section 315 of Cr.P.C.