KALLU Vs. STATE OF M P

JUDGEMENT

(1.) By Judgment dated 29.11.1985 Additional Sessions Judge, Damoh convicted appellant No.1 Kallu under Section 302, I.P.C. for the murder of one Narendra Kumar and sentenced him to imprisonment for life. The rest of the appellants were convicted under Section 302/34, I.P.C. for acting in concert with appellant Kallu in commission of the said murder and were also sentenced to imprisonment for life. The appellants were also convicted of lesser offences either under Section 323 or 323/34, I.P.C. in connection with assaults on one Babulal (P.W. 16) and Mamta (P.W. 14) and were sentenced to imprisonment already undergone. Aggrieved by their convictions and sentences, the accused persons have filed the present appeal.

(2.) The appellants all belong to one family. Of them, appellants 1 and 2 Kallu and Hannu are brothers, appellant No.3 Nanhelal is their uncle while appellant No.4 Bhagchand is their father. Deceased Narendra Kumar and the two injured Babulal (P.W. 16) and Mamta (P.W. 14) also belonged to one family. Babulai (P.W. 16) is father while Mamta (P.W. 14) is sister of deceased Narendra Kumar. The two families are different branches of the same family tree. They also lived as neighbours in village Sansa, police station Patharia, district Damoh. They held fields adjoining to each other.

(3.) It was not disputed that an incident had taken place in village Sansa near the houses of the parties on a village road in the evening around 5.00 p.m. on 16.1.1985. In that incident deceased Narendra Kumar was wounded on his head as a result of assault on him by one of the members ofthe accused party. The had injury proved to be fatal. The deceased died of head injury on 17.1.1985 around 7.00 p.m. at Medical College Hospital, Jabalpur.