RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Judgment in this appeal shall also govern the disposal of Criminal Appeal No. 57 of 1986. Udayveer Lotan v. State of Madhya Pradesh as both appeals arise out of common judgment dated 31st January 1986 delivered by Second Additional Sessions Judge Bhind in Sessions Trial No. 89 of 1985, thereby convicting the appellants Rameshwar as well as Udayveer under Section 302 read with Section 34 IPC and sentencing them to life imprisonment. They were also convicted under Section 201 IPC and sentenced to three years rigorous imprisonment.

(2.) Facts in brief shorn of details and necessary for disposal of these appeals are in narrow compass. On 27/2/1985 at about 5.00 P.M. when deceased Govardhan was at his field he asked Udayveer as to why he indulge in abusing him whereupon Rameshwar brought a Pharsa from his house and abusingly assaulted the deceased twice on head and neck followed by Udayveer who also assaulted the deceased by lathi as a result thereof deceased fell down on the ground. Dinesh son of Rameshwar also arrived at there armed with lathi and assaulted the deceased with lathi when he was lying on the ground.

(3.) Raghubir Prasad (PW 1). who is one of the eye-witnesses of the incident when intervened, accused persons also rushed to assault him with a result that he ran away from the spot and came to his brother-in-law. Munshilal and narrated him the incident. Then accompanied with Munshilal he lodged First Information Report (Ex. P-1) at Police station Mehgaon.