RAMSWAROOP TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 24.12.2003 passed by 4th Additional Sessions Judge, Chhatarpur in Sessions Trial No.144/1998, whereby each of the appellants has been convicted and sentenced with the direction to run both the sentences concurrently as under:-

(2.) IT is not in dispute that Ramsuphal alias Sujjan (deceased) was cousin of accused persons.

(3.) THE complainant alongwith Rakesh, his mother Kaushalya and his sister Rajkumari went to the field but they could not find his brother Ramsuphal alias Sujjan and accused Ramswaroop and others. When they made a search near the field, they found the dead body of Ramsuphal alias Sajjan in a NALA. at about 5 pm. Head of the body was in a hole. The neck was swollen and blackened. The nose was bleeding. Left eye of the deceased had a wound. It is alleged that last year some people had come from Pugri in connection with the marriage of Ramswaroop but as it could not be finalized, Ramswaroop had enmity since then. The accused persons had committed murder of deceased due to such previous animosity and because of the dispute over the entry of cattle in the field.