STATE OF MADHYA PRADESH Vs. RAMCHARAN

JUDGEMENT

(1.) The appellant, after obtaining requisite leave, has preferred this appeal against the acquittal of the respondents recorded by the Additional Sessions Judge, Gwalior on 18-10-1979, in Sessions Trial No. 100 of 1979.

(2.) The respondents, along with one Nathuram, were prosecuted for having committed an offence of murder of one Radheyshyam Rastogi, in the morning of 13th May, 1979. They were charged under Ss. 449 and 302 read with S. 34, Penal Code. Nathuram, co-accused, died during the course of the trial.

(3.) The case of the prosecution was that the deceased Radheyshyam Rastogi was 'Mukhatyar' of one Sitaram and as a Mukhatyar, he initiated proceedings of eviction against the father of the respondents. It is alleged that on 6-5-1979, the deceased, in the execution of the decree for eviction, took possession of the premises. It was also alleged that on 9-5-1979, the father of the respondents, Nathuram, took forcible possession of the above noted premises. On 12-5-1979, the deceased lodged a report in the police, which is Ex. P. 14. It is in the morning of 13-5-1979, that when the deceased was sleeping in his house, the respondents are alleged to have entered the house and committed murder of the deceased by means of lathi blows, due to which he died on the spot.