SUNDERLAL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Rajkaran stands convicted for offence punishable under section 302, IPC with sentence of imprisonment for life and appellants Sun-derlal and Ramkaran stand convicted for offence punishable under Section 302/34, IPC with sentence of life imprisonment, by the impugned judgment and order dated 24-11-1988, passed by the Additional Sessions Judge, Satna, in Sessions Trial No. 117/87.

(2.) THE prosecution case, stated briefly, is that there existed a dispute over some land between the deceased Bhauram and appellant Sun-derlal. A civil suit was filed by appellant Sunderlal against the deceased bhauram and others. The suit was dismissed by the Trial Court. An appeal was filed by Sunderlal in the Court of District Judge, Satna which was pending on the date of incident.

(3.) ON 8-8-87 at about 2. 30 P. M. deceased Bhauram, alongwith his son complainant Santsaran (P. W. 1), went up to the outskirts of the village to see of his relatives Rahasdhar (P. W. 11) and Vrakshraj who visited their village to attend some ceremony on account of death of one Ram Charan Patel. After seeing of the above referred relations, deceased and complainant Santsaran were returning towards their house. Santsaran was about 10-12 paces behind the deceased. When deceased reached near the Ahri (cattle shed) of appellant sunderlal, all the appellants came out of the Ahri. Appellant Rajkaran was armed with a gun, Sunderlal with a Farsa and Ramkaran with an axe. Appellant rajkaran fired at deceased Bhauram which hit his chest. When Bhauram tried to run away, appellant Sunderlal assaulted him with Farsa and Ramkaran with axe. Santsaran cried for help. On hearing the cries of Santsaran, when Kallu (P. W. 10) and Rahasdhar (P. W. 11) and certain other persons reached the place of occurrence appellants took to their heels. While appellant Sunderlal was fleeing away, his lungi fell under a tree.