RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by judgment and order dated 10th October, 1986 of Sessions Judge, Shivpuri, passed in Sessions Trial No. 14/86, convicting appellant for offence under Section 302, IPC and sentencing him to imprisonment for life, appellant has come up in appeal seeking redress praying for setting aside of the aforesaid sentence and conviction passed against him.

(2.) UNFORTUNATELY, according to prosecution both the parties belong to the same Family Tree and their agricultural land situate adjoining to each other. On 20-11-1985, at about 4 p. m. when Chaturi (P. W. 1) alongwith his son deceased Shivcharan were cutting and collecting bushes of Babool accused Bhassu father of appellant Ramesh and accused Manju stopped them from taking the bushes out of their field. However, deceased Shivcharan insisted to take the bushes from the same way, thereupon accused Manju, Bhassu started assaulting the deceased with lathis and appellant Ramesh armed with sickle alongwith Kishori, Brindawan, Amarsingh, Imrat, Hannu and Puniya wife of accused Bhassu, also joined them.

(3.) WHEN all the accused person exhorted to finish deceased, appellant Ramesh assaulted the deceased on his head with sickle with such a violent force that the sickle penetrated into the skull and deceased fell profusely bleeding on the ground. When Chaturi intervened, he was also assaulted by Imrat, Hannu, Puniya, Brindawan, Amarsingh and Kishori with fists and lathis. On his raising hue and cry, Kailash, Prabhu and Nanha came for their rescue.