RAM LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal, presented under Section 377 Cr. P.C., is directed against the judgment dated 26.8.1987, rendered by Additional Sessions Judge, Caroth, District Mandsaur in Sessions Trial No. 84 of 1987, thereby convicting appellant Murli under Section 302 IPC and sentencing him to suffer imprisonment for life and convicting remaining two appellants under Section 302/34 IPC and sentencing each of them to suffer imprisonment for life.

(2.) Facts are jejune. Appellant Murli and appellant Shivlal are real brothers. Prosecution witnesses Arjunsingh, Babulal and Prabhulal (PW5-7, 9 and 10) are real brothers. The prosecution story in nut-shell is that Arjunsingh installed engine on the bank of Ansar river near Piplya-wala-deh three days prior to the date of the incident i.e. 18.12.1986. On 17.12.1986, this engine went out of order. Arjunsingh, therefore, summoned Ratanlal and was bringing him on 18.12.1986. at about 9.00 A.M. for repairs of the engine. Arjunsingh and Ratanlal were passing through the route near the field of one Ramprasad when Murli demanded to know as to why they were passing through that route. Ratanlal replied that it was the field of Ramprasad. Murli then went away after saying that he would show. Arjunsingh and Ratanlal reached the place where the engine was installed. At about 10.00 A.M., appellant Murli appeared with gun and other two appellants came there with Lathis. After some exchange of words appellants Shivlal and Ramlal exhorted with words -TTMARO SALON KO. The appellant Murli then fired the gun which hit Ratan on his chest He immediately fell down and breathed his last. The First Information Report was lodged by Arjunsingh (PW-7) which is marked in the case as Ex. P/15. The post-mortem was got done. The report is Ex. P/5. Spot map prepared by police is Ex. P/12 and prepared by Patwari is Ex. P/16. The Chemical ExaminerTs report is Ex. P/27. After completion of the investigation, the challan was filed. The appellant Murli was charged under Section 302 IPC and the other appellants were charged under Section 302/34 IPC to which they pleaded not guilty and claimed to be trial. After conclusion of the trial, the learned trial Judge convicted and sentenced the appellants as above. Aggrieved, the appellants have preferred this appeal.

(3.) We have heard Shri J.P. Gupta, learned senior counsel with Shri Rahul Gupta for the appellants and Shri Piyush Mathur, learned Deputy Govt. Advocate for the respondent/State. We have perused the record.