LALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 21 persons were fried for murder of Sudarshan Prasad and Shitlaprasad and for causing grievous hurt to Narayan Prasad Tiwari, out of which 6 persons were acquitted. The remaining 15 accused have appealed against their conviction under Section 302 read with Section 149. Indian Penal Code and Section 147 Indian Penal Code. The State has not filed any appeal against the acquitted persons nor has any appeal been filed against the acquittal of the present appellants of the charges under Section 307 read with Section 149. Indian Penal Code.

(2.) FACTS leading to the Incident which eventually resulted in the death of Shitlaprasad and Sudarshan Prasad and injuries to Narayan Prasad Tiwari may be briefly stated. Khasra No. 40 in village Sathiha belonged to Wasudeoprasad (P. W. 21 ). He made a gift of half portion of the field to his son-in-law Narayan Prasad (P. W. 10 ). Narayan Prasad by a registered sale-deed dated 2. 1. 1967 sold the portion of the field gifted to him to appellant Lalman Kurmi for Rs. 850/ -. There was a dispute between Narayan Prasad and Lalman on account of the amount of consideration payable for the land. Narayan Prasad asserted that despite the fact that consideration was shown at Rs. 850/- in the sale-deed, it was orally agreed that Lalman would pay the same amount of price for the portion of the land sold to him as would be fetched by the other half belonging to Wasudeo Prasad when sold by him, Wasudeo Prasad sold his share in the land for Rs. 2,300/- to Jagannath Kurmi. one of the appellants. According to Narayan Prasad therefore, he became entitled to get Rs. 1. 450/- from Lalman Kurmi. Lalman Kurmi denied any verbal agreement and his liability to pay Rs. 1,450/-, But he seems to have paid a sum of Rs. 725/- on 25. 9. 1967 to Narayan Prasad as would be evidenced by the receipt. Ex. P-18. Narayanprasad now wanted to realise the remaining amount of Rs. 725/- from Lalman.

(3.) ON 31. 3. 1968. Narayan Prasad went to village Sathiha with the object of realising Rs. 725/- from Lalman. He was accompanied by his father-in-law Wasudeo Prasad. his sitser's son Shitlaprasad (deceased) and Sudarshan Prasad (deceased ). The said four persons went to a mango grove known as Naya Bagicha where they expected to find Lalman who had his Khaliyan. At Naya Bagicha. they found Jagannath (appellant) and Narayan Prasad is said to have asked Jagannath to bring Lalman there.