BABLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal submitted by the three appellants against their conviction under section 302 read with section 34, Indian Penal Code, and sentence of imprisonment for life awarded by Additional Sessions Judge, Shahdol.

(2.) The prosecution case at the trial was that the deceased Ganga was the real brother of Shrilal (P.W. 1) and the appellant Bablu and the two other appellants, Kodu and Rampallu alias Pallu are sons of appellant Bablu. Sankhu (P.W. 4) is the daughter of the deceased Ganga and Ramkaliya (P. W. 5) is the wife of the deceased. It is alleged that on 26 6.1979, the deceased was working in his Badi in the after-noon and suddenly, the deceased was attacked by the three appellants, by lathi, axe and spade. Sankhu (P.W. 4) saw the occurrence and raised an alarm. Thereupon, Chhedu (P.W. 3) and Ramkaliya (P.W. 5) rushed on the spot and they were informed by Sankhu (P.W. 4) that deceased was assaulted by the appellants. These witnesses saw the deceased injured and went to inform Shrilal (P.W. 1) and Shrilal (P.W. 1) lodged the report (Ex. P-i) at the police station, Kotma at about 5.45 P.M. The injured was sent to the hospital for medical examination and after examination was admitted in the hospital where he died on 27th June, i979. After investigation, a charge-sheet was filed and the learned Court below convicted the appellants as mentioned above.

(3.) The learned Court below placing reliance on the testimony of Shankhu (P.W. 4) came to the conclusion that all the three appellants attacked the deceased and also came to the conclusion that on account of earlier dispute the relations were strained and on any excuse the trouble could start. It has also been found that there was some trouble resulting in a verbal quarrel and thereafter, the incident resulted in the injuries on the person of the deceased.