DHANNI ALIAS DHANIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 13-11-1992 passed by learned Sessions Judge, Narsinghpur in Sessions Trial No. 7/92 convicting appellants under Section 302/34, IPC and sentencing them to suffer RI for life and fine Rs. 100/-, in default, RI for one month each, this appeal has been filed under Section 374 (2), Cr. PC.

(2.) DURING the pendency of this appeal, appellant Netram died and his name has been deleted from the array of the cause title.

(3.) IN brief the case of prosecution is that in the month of Kuwar (September) some quarrel took place between Chhotelal (hereinafter referred to as 'the deceased') and appellant Sukke. By making said quarrel as pivot, on 19-8-1991 when deceased was sitting along with his father Nihal Singh and Shiv Prasad in his house at that juncture appellant Sukke, Dhaniram, Netram and Munna arrived at the house of the deceased and invited him for a chicken party. Thereafter deceased along with these accused persons came to the house of Sukke, where it is said that all the accused persons caused injuries by lathis to the deceased and killed him. One Mohkam, on hearing the due and cry came and saw appellants causing injuries to the deceased by lathis in his Dalan (Verandah ).