RAM KHILADI Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 30/9/2010 passed by 2nd Additional Sessions Judge, Morena in S.T. No.144 of 2009 by which the appellant has been convicted under Sec. 302 of IPC and Ram Khiladi Vs. State of M.P. ( Cr.A. No. 867 of 2010) has been sentenced to undergo the Life Imprisonment and a fine of Rs.1000.00. However, no default imprisonment has been awarded.

(2.) The undisputed facts are that apart from the appellant, Pankaj, Asharam and Sudhakar were also made an accused. Pankaj was tried along with the appellant Ram Khiladi and he has been acquitted. Asharam and Sudhakar were declared absconding. Asharam is reported to be dead, whereas Sudhakar is still absconding. The acquittal of co-accused Pankaj has not been challenged.

(3.) According to the prosecution story, the complainant Dinesh Sharma, lodged a report on 10/9/2003 at 23:30 on the allegations that at about 4:30 P.M., the appellant had purchased one pouch without making payment of the same and similarly, the daughter of the Appellant Ram Khiladi had also plucked ground gourd (Louki) from the field of the complainant and therefore, Ram Naresh went to the house of the Appellant Ram Khiladi for lodging his complaint. On this issue, the Appellant Ram Khiladi, co-accused Pankaj, Asharam and Sudhakar @ Lalu started abusing him. They also pelted stones. Thereafter, the appellant Ram Khiladi and co-accused Sudhakar brought their guns whereas the acquitted co-accused Pankaj brought a lathi. Accordingly, Ram Naresh, in order to save his life, went to the roof of the house of Appellant Ram Khiladi. The Appellant Ram Khiladi fired a gun shot causing injury on the back of Ram Naresh. Co-accused Sudhakar also fired a gun shot but it missed. The appellant Ram Khiladi ran away from the spot. Ram Naresh fell Ram Khiladi Vs. State of M.P. ( Cr.A. No. 867 of 2010) down on the roof itself. Thereafter, the complainant tied cloth around the wound. The incident was witnessed by Suresh Sharma @ Banti, Babulal, Mahesh and Pawan. Ram Naresh was brought to Morena Hospital from where he was referred to Gwalior. Ram Naresh was declared dead at Gwalior. His dead body is lying in the Gwalior. Accordingly, it was alleged that Ram Naresh has been killed by the Appellant Ram Khiladi, Pankaj, Asharam and Lalu.