RAMMILAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 7-2-1990, delivered by the First Additional Sessions Judge, Shahdol in Sessions Trial No. 86 of 1989 convicting the accused under Section 302 read with Section 34 of the Indian Penal Code and sentencing for imprisonment for life, this appeal is preferred by the accused/appellants.

(2.) ADMITTED facts of the case are that accused No. 1 Rammilan and deceased Rampratap were real brothers and accused No. 2 Ram alias Ramprasad and accused No. 3 Laxman are sons of accused No. 1 Rammilan. Mahadeo (P. W. 1) aged 10 years and Usha (P. W. 4) aged 13 years are son and daughter respectively of the deceased Rampratap.

(3.) SUCCINCTLY, the prosecution case is that on 29-4-1989 at about 11. 00 a. m. at Village Kuthadi, when the deceased Rampratap was going on bicycle with his son Mahadeo (P. W. 1) to nearby market, then about 1/2 kilometer away from the village, accused Nos. 2 and 3 stopped the deceased and started beating him. That the accused Nos. 2 and 3 dragged Rampratap near to their house and on reaching there the accused Rammilan also joined and started giving lathi-blows on the head and other parts of the body of Rampratap. Accused Nos. 2 and 3 also pelted stones on the deceased Rampratap. The prosecution alleges that Mahadeo (P. W. 1) and Usha (P. W. 4) started crying and the eye-witnesses Ramdas (P. W. 7), Ramnath (P. W. 9) and others tried to intervene and save the deceased.