JAGDISH PRASAD CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/ accused has filed this appeal under Sec. (hereinafter referred to as u/s) 374 (2) of the Code of Criminal Procedure (hereinafter referred to as CrPC) being aggrieved by the judgment dtd. 07/01/2011 passed by IIIrd Additional Sessions Judge, Satna in S.T. No 210/2005, whereby learned trial court, has convicted the appellant u/s 302/34 and 323/34 of the Indian Penal Code (hereinafter referred to as IPC) and sentenced to undergo life imprisonment and fine of Rs.500.00 and 6 months of rigorous imprisonment and fine of Rs.500.00 in default of payment of fine to undergo further 3 months and 3 months of rigorous imprisonment respectively.

(2.) It is undisputed fact that Jagannath father of, Badri Prasad (PW/1), Sanjay Kumar (PW/3), Harprasad (PW/5) and Krishnakar Bharati (PW/13). Appellant Jagdish and witness Prahlad (PW/15) are real brothers. Co-accused Ganesh Prasad alias Jitendra Kumar Choudhary is son of appellant Jagdish Prasad.

(3.) Prosecution story in brief is that complainant Badri Prasad (PW/1) is an agriculturist and lives at Harijan Basti Kripalpur. His uncle accused Jagdish used to live in a house situated at his agricultural land. Prahlad (PW/15) and Jagdish Prasad have executed an agreement to sale of some land in favour of deceased Ramesh Sen resident at Kolgawan. On 27/02/2005 deceased Ramesh Sen told Badri Prasad (PW/1) that his uncle Jagdish Prasad is trying to sell the land to some other person, thereafter, at 2:15 p.m. complainant and deceased Ramesh Sen went to accused Jagdish's farm. Deceased Ramesh Sen asked Jagdish Prasad why are you selling the land to someone else which has already been sold to him. At that time accused by abusing the complainant said that have you come here to get the land to deceased Ramesh Sen. In between the quarrel Jagdish Prasad with his spade and Ganesh Prasad with an axe, gave blow on complainant's head and neck respectively with intention to cause death of the complainant. Complainant ran as he saw he was bleeding severely. Complainant saw that Jagdish Prasad and Ganesh Prasad started to hit deceased Ramesh Sen with their spade and axe, as soon as deceased Ramesh Sen tried to run away, Jagdish Prasad and Ganesh Prasad chased him and beat him more severely and deceased Ramesh Sen felt on ground, meanwhile Balipal (PW/2), Sanjay Kumar (PW/3) and others came and shouted, thereafter accused persons fled away. On the basis of information of incident given by Badri Prasad (PW/1), S.I. Ajay Shukla (PW/19) has written FIR (Ex.P-1) against accused Jagdish Prasad Choudhary and Ganesh Prasad Choudhary.