NANBOO Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 4.2.88 of the jjjrd AddI. Sessions Judge, Alirajpur passed in S.T.No. 374/87 whereby the accused-appellants have been convicted under Section 302/34 of I.P.C. for having committed murder of Munsingh on 8.7.87 in village Koriyapan and have been sentenced to imprisonment for life.

(2.) The brief history of the case is that the accused persons are brothers. The cattles belonging to them had trespassed in the crop grown by deceased Munsingh. There was some altercation between the accused persons on the one hand and deceased Munsingh on the other hand.

(3.) Accused Najariya came in the night of 8.7,87 at the house of deceased Munsigh and persuade him to go along with him on the pretext that he is being called by Bachchu. P.W. 2 Pagalibai requested her husband deceased not to go along with them but without expecting any misde meanour deceased accompanied. On reaching in front of the house of the accused persons, deceased Munsingh was caught hold by accused Nanboo. He took the hairs of deceased in his hand and thereafter accused Najariya caused injuries by means of Phalia. Deceased Munsingh raised alarm. Pagalibai (P.W. 2) wife of deceased and Shaitan (P.W. 7) son of deceased went to the spot They saw accused Najariya causing injuries by means of Phalia and further saw accused Nanboo who had held the hairs of deceased in his hand. Pagali Bai and Shaitan also raised alarm. Bachchu and Naharsingh also came on the spot. They saw both the accused committing the crime. The matter was reported to Rupa Chowkidar (P.W. 5) and Nagarsingh (PW.4) in grant of the night. They also came on the spot and saw the deceased lying in the house of accused persons.