GOPAL & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Gopal (A-1), Balaram (A-2), Vardichand (A-3), Ramgopal (A-4) and Ramprasad (A-5) have filed this appeal against the judgment and order of conviction dated 29/04/1997 passed by the Additional Sessions Judge, Mandsaur in Special Trial NO.215/90, whereby convicting and sentencing the appellants under Sections 147, 148, 447, 302/149, 325/149 and 323/149 for 1 year RI and 3 months, Life Imprisonment with fine of Rs.2,000-2,000/- to each of them, years RI with fine of Rs.500/- to each and 6 months R.I., respectively and in lieu of fine, three months RI on each count.

(2.) Brief facts of the case is that Ramchandra(PW.3) had one elder brother Hariram He had no issue. Jodhraj(PW.5) is son of Ramchandra(PW.3). It is alleged that he is adopted son of Hariram. Hariram had some land in village Sarsod. After death of Hariram, name of Jodhraj (PW.5) and Smt. Pyaribai (widow of Hariram) was duly mutated. After the death of Hariram his wife Smt.Pyaribai transferred half of the (1.10 hectare of Kh. No.25 and 1.29 of Kh. No.63) said land by registered sale-deed dated 27/09/1988 to appellant No.2 Balaram, appellant No.4 Ramgopal and appellant No.5 Ramprasad.

(3.) After death of Hariram, his adopted son Jodhraj (PW5) filed an application for mutation of his name over an area of Khata No.25 (an area of 4.291 hectares). Smt. Pyaribai, the widow of Hariram raised an objection that he was never adopted by his husband.