RAMDHANI AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Appeal is preferred by the accused/appellants being aggrieved by the judgment dated 27.1.1998 passed by the Ist ADJ, Rewa in S.T. No.38/91. By the impugned judgment, the trial judge convicted each of the appellants for commission of offence under section 304 -II read with section 34 of the IPC with direction to undergo RI 3 years with fine of Rs.1000/ -.

(2.) THE prosecution story in brief is that on 19.2.1990, accused/ appellants had been grazing their cattle in the field of Shiv Prasad. He tried to stop them. In that event, appellants had beaten Shiv Prasad. Other persons also came on the spot. Thereafter, report of the incident was lodged at P.S Hanumana, district Rewa. Shiv Prasad died on the way. After investigation, the charge sheet was filed before the court. Appellants abjured the guilt. After trial, learned trial judge acquitted 2 two persons but found the charges proved against the appellants and awarded the sentence as mentioned above.

(3.) ON the contrary, learned Panel Lawyer for the State submitted that the trial court has rightly held appellants guilty for commission of the aforesaid offences and awarded proper sentence.