STATE OF M P Vs. PREETAM

JUDGEMENT

(1.) THE respondent No. 1 Preetam was tried for an alleged offence punishable under section 302 while the respondent No. 2 ishwarlal was tried for an alleged offence punishable under section 302 read with section 34 of the Indian Penal Code for the alleged murder of one Chhita. Along with, they were further tried for an alleged offence punishable under section 379 or, in the alternative, under section 404 of the Code for having allegedly committed theft of Chhita's ornaments from his dead body and to have retained them in their possession. The trial having ended in acquittal the State has, after obtaining the requisite leave, preferred this appeal against the order of acquittal.

(2.) THE respondents, who are real brothers, are members of Kachhi community to which the deceased Chhita also belonged. They all lived at village karahal. The deceased's father Jiwanlal (P. W. 6) was the headman of that community. About two months before 15-6-1973 i. e. the date of the alleged incident giving rise to this case, he had ex-communicated the respondents. It was alleged that, as a measure of retaliation, the respondents murdered his son chhita on 15-6-1973 by means of an axe at a distance of about 2 miles from the village at about 9. 10 A. M. in Sendna forest, where he had gone for the purpose of grazing cattle as usual, and deprived him of a pair of silver Kadas, a silver Chain and a pair of gold Murkis which he was wearing.

(3.) IT is not now in dispute that, on the morning of 15-6-1973, the deceased had gone to the forest at a distance of about two miles from the village for the purpose of grazing cattle and that he was axed to death the same day in the forest under a Gurjenia tree.