TIVDILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Additional Sessions Judge, Seoni vide his judgment dt/-25-21981 passed in Sessions Trial No. 3 of 1981 convicted six persons namely Tivdilal, Ramlakhan, Gopal, Premlal, Uderam and Balakram under Sections 302/149 and 147 of the I. P. C. and sentenced them each to imprisonment for life and rigorous imprisonment for two years. Further, he convicted one of them namely Tivdilal under Section 323 IPC. and sentenced him to rigorous imprisonment for one year. It was ordered by him that the sentences awarded to the accused would run concurrently. It is having been aggrieved by their abovesaid convictions and sentences that the six accused have filed the present appeal in this Court.

(2.) ACCUSED Tivdilal, Uderam and Balakram were brothers. Accused Premlal was son of Balakram. All the accused were residents of village Tharka Kheda in Seoni district. Deceased Jhamma Prasad was also a resident of the said village. The house of accused Tivdilal was situated at a distance of only about 15. 20 steps from the house of deceased Jhamma Prasad. P. W. 4 Ahalyabai was sister of deceased Jhamma Prasad.

(3.) THE incident took place in front of the house of accused Tivdilal on 23-8-1980 at about 8 p. m. P. W. 1 Kharagram who lived in the neighbourhood and was one of the eye witnesses of the incident lodged first information report Ex. P/l at police station Bandol at 3. 30 in the night. The police station was situated at a distance of about twenty five kilometres from the village and as such it was apparent that the first information, report was lodged without any delay.