RATAN @ RATAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by judgment dated 06.04.2010 of conviction and sentence pronounced by First Additional Sessions Judge, Jhabua, in Session Trial No.227/2009, wherein the appellant has been convicted as under:-

(2.) Precisely speaking, the prosecution story in short was that on 16.04.2009, FIR was lodged by complainant Manjubai in Police-Station Kalidevi, Jhabua at about 10:25 pm to the effect that she along with her son Kalu (deceased) and her daughter-inlaw Geetabai had gone to the house of co-accused Ramchand in the evening seeking return of loan amount of Rs.10,000/- given to him by Kalu. However, Ramchand hurled filthy abuses at them and thereafter called out other co-accused persons. Subsequently, coaccused Mehtab, armed with sword, appellant Ratan armed with Falia, co-accused-Bheru and Ramdev chased deceased Kalu surrounded him near his house situated in village Bheemkund. They assaulted Kalu with weapons. On hearing the cries of complainant, some neighbours came over and the accused fled from the spot.

(3.) After lodging of FIR, investigation ensued. Offence registered under Section 307 IPC along with other allied Sections of IPC was enhanced to Section 302 IPC as a result of death of Kalu. Chargesheet was filed under Sections 147, 148, 149, 294, 307 and 302 of IPC and Section 25(1)(B) of Arms Act, 1959.