MANGILAL Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 29.11.11 passed by learned Sessions Judge, Dhar Distt. Dhar in Sessions Trial No. 195/10 convicting the appellant under Section 302 IPC and directing to suffer life imprisonment and fine of Rs. 1,000.00; in default further RI of one month, this appeal has been preferred by the appellant under Section 374(2) Cr.P.C. 1973.

(2.) IN brief, the case of the prosecution is that on 4.3.2010 at 3 PM Rahul lodged a report against appellant that he is residing along with his parents and grandmother in village Kushawada and is a labour. His grandparents has encroached upon the Govt, land for last 40 years. This land was being cultivated by Bagdiram (hereinafter referred the deceased) and Shaitanbai. However, the appellant was claiming the land on the basis of patta granted in his favour by the State Govt, and he also filed a civil suit in that regard and therefore the appellant was keeping enmity with him. The deceased was the father of the complainant.

(3.) ON lodging of the report, the criminal law was triggered and set in motion. The investigating agency sent the deceased who was alive and was in injured condition to Primary Health Center, Badnavar where he was examined by Dr. M.M. Upsani however later on the deceased was shifted to the Indore and while undergoing the treatment the deceased had died on 25.3.2010.