NAVLOO Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT No. 1 Navloo stands convicted to life imprisonment under Section 302. I.P.C. and his son Sahab Singh appellant No. 2. has been convicted under Sec. 302 read with Section 34 of I.P.C. by the Judgment dated 27th April 1988 passed by the Court of Sessions Judge. Morena.

(2.) THE two other accused persons Ajbe and Priyavrat both sons of appellant No. 1 Navloo were also charged but have been acquitted by the learned trial Judge. The two appellants assail their conviction in this appeal.

(3.) THE defence case of the accused as was sought to be proved by cross examination of the prosecution witnesses and examination of two defence witnesses, is that despite the fact that the earnest money was paid for the land and an agreement for purchase was reached the deceased wanted to purchase the same land for higher price. He thus, picked up a dispute and a quarrel. On the fateful day he came towards the house of the accused armed with a Farsa. The accused acted in self -defence and used the fire arm which hit him on the lower part of the body. The plea taken therefore, is one of self -defence.