SAITUA JUGUWA Vs. STATE OF M P

JUDGEMENT

(1.) THE two appellants Saitua and Jhunna were prosecuted under Sections 302 and 302/34 of the Indian Penal Code in two Sessions Trials 100 and 101 of 1970 of the Court of Sessions Judge. Chhatarpur and were convicted under Section 304 (Part I) and 304 (Part D/34 of the Indian Penal Code in two trials, and were sentenced to undergo rigorous imprisonment for a period of five years. The sentences in the two trials were ordered to run consecutively.

(2.) RATIRAM (P. W. 2) is the resident of village Ujra where the two deceased Balkishan and Kaluta and the two appellants also lived. The appellants are brothers so also the two deceased. Ratiram (P. W. 2) is the brother of one Khitua, Nathusingh (P. W. 3), Bihari (P. W. 6), Goli (P. W. 7) and Chunni (P. W. 8) are the graziers of cattle and she-goats. The deceased Balkishan was the nephew of Bhaiyadeen, Chikua (P. W. 1) is the uncle of Balkishan, Balkishan and Bhaiyadeen were prosecuted for the murder of one Paramlal. Last year, the appellant Saitua had a quarrel with the wife of Chikua. The two deceased went to the house of Saitua to beat him but seeing them. Saitua closed his doors. There the two deceased declared that he had now escaped but they will see him in future. Even before this incident, the two deceased had surrounded the appellant Saitua who fled away. The relations between the two deceased and the two appellants were thus sufficiently strained.

(3.) THE prosecution case is this: Goli (P. W. 7) was grazing the cattle belonging to the deceased. He felt thirsty and went away to drink water leaving the cattle grazing. Chunni (P. W. 8) is the brother of Goli (P. W. 7) and was also grazing the cattle and the she-goats. The cattle and the she-goats entered inside the field of the appellants. The appellant Jhunna rounded them and drove them out of the field for taking them to the cattle pound. Goli (P. W. 7) went to the deceased Balkishan and informed him that the appellant Jhunna was taking away the cattle to the cattle pound. Chunni (P. W. 8) informed Kaluta that the appellant Jhunna was taking away the cattle. The deceased Balkishan armed with a Kholia and an axe and Kaluta armed with Kholia rushed to rescue the cattle. Ratiram (P. W. 2) also went there but Jhunna eave a lathi blow on his head and they began grappling, Khitua brother of Ratiram also came there and inflicted two lathi blows on Jhunna while Jhunna and Ratiram were grappling.