SANT LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 11.3.1989 passed by the IInd Addl. Sessions Judge to the Court of District & Sessions Judge, Balaghat in S. T. No. 140/87. The appellants are convicted under section 302/34 IPC and sentenced to life imprisonment. Further they are also convicted under section 307/34, IPC and sentenced to R. I. for 5 years. Both the sentences are directed to run concurrently. This judgment shall govern the disposal of Criminal Appeal No. 380 of 1989.

(2.) THE prosecution case in short is as follows: In the village of Kumhari, district Balaghat, the accused person and the deceased persons formed themselves members of two different parties which are inimical to each other. It is alleged that the complainant party had illegally encroached upon the Government land and the party belonging to the accused persons had complained to the Government regarding the encroachment. As a result thereof the complainant party was required to vacate the land. One Lakhiram belonging to the accused party was murdered and therefore, Jagitri Lodhi belonging to the accused party was sentenced life imprisonment. Thus, thereafter the parties became inimical to each other since 1974.

(3.) SAMRATH was subsequently taken to hospital after the accused persons went away. He was examined by Dr. Pratap Singh Gaur (PW -18) who gave the injury report marked as Ex -. P -18. He had the following injuries on his body : -