GABBU B LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Unsuccessful appellants approached this Court against judgment dated 30/04/1996 passed by learned Sessions Judge, Indore in Sessions Trial No. 147/94, thereby convicting them for the offence punishable under Ss. 302, 302/34, I.P.C. and sentencing them (to) imprisonment for life.

(2.) Gravamen of the prosecution case is that on 19/01/1994 at about 9.15 p.m. accused/appellants went to the house of Ramawatar to call him out. At that time, Kaushalya (P.W. 5) sister of Ramawatar and Anita (P.W, 7) her sister-in-law were in the house, They told the appellants that Ramawatar had gone to market. On this accused/appellants threatened them to finish Ramawatar and also abused filthily. Thereafter, Ramawatar was seen standing at the square, the accused/appellants surrounded him and was assaulted by lethal weapons, Anita (P.W. 7) wife of Ramawatar, Ranibai, mother of Ramawatar, Santosh and Harlnarayan reached the spot. Seeing them accused/appellants ran away. Ramawatar was died on the spot. The incident had taken place due to enmity between accused /appellant No. 1 and deceased-Ramawatar. The offence was registered on the basis of First Information Report, Ex. P/11 lodged by Kaushalya (P.W. 5), post-mortem report is Exhibit P/6. After usual investigation, charge-sheet was filed against accused/appellants. Accused/appellants abjured their guilt. Their defence was that deceased was bully of that area and facing number of criminal cases along with Dinesh (P.W. 6). He was extorting money from inhabitants of that area and he died in suspicious condition. Later on the police was concocted false case on the basis of interested and partisan witnesses against the applicants though the witnesses have not seen the incident. They put on trial and convicted as indicated above.

(3.) We have heard Mr. S. K. Vyas learned counsel for appellants and Mr. Girish Desai. learned Deputy Advocate General for respondent/State and also perused entire record of the case.