RAMRAJ SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dt. 9-9-1985 of the Sessions Judge, Sidhi, passed in S.T. No. 18 of 1985 (arising out of the Committal Order dt. 5-1-1985 of Judicial Magistrate, First Class, Sidhi passed in Criminal Case No. 11/85), whereby the accused has been convicted under S. 304, Part II of the Penal Code and sentenced to rigorous imprisonment for five years.

(2.) Brief history of the case is that police Naikin Rampur filed challan against the present appellant, his father Ramswaroop (since acquitted) and his brother Deoraj (whose case has been sent to Juvenile Court, he being minor on the date of incident), with the allegation that in furtherance of their common intention, they committed murder of Ramesh Kumar resident of village Amdad, P.S. Naikin on 23-10-1984 at about 6.00 p.m. in villge Amdad, P.S. Naikin.

(3.) It is alleged that the landed property Hazaria Bund was owned by the ancestors of deceased and the accused. On the date of incident the deceased Ramesh Kumar began ploughing in one corner of said Hazaria Bund, and cultivation on the other part of the Hazaria Bund was being done by accused persons. The two labourers i.e. Sukarta and Dashrath conducted the ploughing on behalf of deceased Ramesh Kumar while accused Ramraj himself and some other persons were conducting ploughing on the other part of the said Hazaria Bund. In the evening after unyoking the bullocks the labourers and Ramesh Kumar retired and were going to their respective houses. Meanwhile Ramraj, his father Ramswaroop and brother Deoraj armed with lathis, came on the spot and enquired why the deceased had cultivated the land in their possession. Deceased claimed his share in the Hazaria Bund. Thereafter, all of them assaulted deceased Ramesh Kurnar, caused various injuries on head and other parts of the body of Ramesh Kumar who fell down. On hearing the alarm some persons came there. Accused persons then left the place. Ramesh Kumar was taken to hospital. Report of the incident was lodged by Sitaram son of Shiv Prasad Shukla at about 7.30 p.m. (one and half hours after the incident). Ramesh Kumar was examined by Assistant Surgeon Dr. S. P. Mishra (PW-10) who submitted report Ex. P-14. Condition of Ramesh Kumar was serious and he was sent to Medical College, Rewa. He died of injuries on 28-10-1984. The matter was reported to the police Rewa and the information of the same was sent to police Station Rampur Naikin.