DHANIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the two appellants Dhaniram and Maniram have challenged their convictions under section 304 (part II) /34 of the indian Penal Code for which each of them was sentenced to undergo rigorous imprisonment for a period of three years.

(2.) THE two appellants along with six others Radheshyam, Mst. Sukwariya, Mst. Hiramani, Mst. Sahodri, Mst. Gulbasiya and Salikram were prosecuted under section 302 /34 of the Indian Penal Code for committing the murder of Brijlal on 1-11-1969. All of them have been acquitted for the offence under section 302 /34 of the Indian Penal Code but the two appellants have been convicted as mentioned above.

(3.) MATUKDHARI (P. W. 1) is the father of the deceased Brijlal. The two appellants are brothers. Mst. Hiramani is the wife of the appellant Dhaniram. Mst. Sahodri is the wife of the appellant Maniram. Mst. Sukwariya is the mother of the two appellants. Mst. Gulbasiya is the sister of the appellants. Radheshyam is the brother of Mst. Hiramani while Salikram is the brother of the appellant Dhaniram's father-in-law. Brijlal's younger brother is married to the sister of Roopchand (P. W. 9 ). Golari (P. W. 11) is a cultivator having a Khaliyan behind her house. She is in the keeping of Anandlal (P. W. 15), triveni (P. W. 12) is her son. She had sub-let her lands to Matukdhari (P. W. 1) on adhiya. The appellants' house is separated from her house by a kothar. On the relevant date 1-11-1969 at about 1. 00 p. m. the deceased brijlal was in his khaliyan and at this time Mst. Hiramani was at the well belonging to her husband.