MAIYADIN Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the order of their conviction and sentence passed by Sessions Judge, Chhatarpur in S.T. No. 177/92 decided on 14.8.96, appellants have preferred this appeal.

(2.) Appellants no.2 and 3, namely, Ramswaroop and Keshav have been convicted under section 302 of IPC, while appellants no. 1 and 4, namely, Maiyadin and Chunna have been convicted under section 302/34 of IPC and sentenced to imprisonment for life for committing murder of Ghaseeta by the impugned judgment.

(3.) According to prosecution, deceased Ghaseeta (hereinafter to be referred as 'deceased') was the son of first wife of appellant no.1 Maiyadin and the other appellants are step-brothers of the deceased. Deceased Ghaseeta and appellants were having dispute over the partition of property since one year prior to the incident and they were on inimical terms. Deceased Ghaseeta was residing separately in the same vicinity at Village Palta, where the appellants also resided. On 16.6.1992 at about 12 or 1 'O'clock in the noon, appellants' cattle had eaten the Brinjals kept in the courtyard of the deceased. When the deceased was driving out the cattle and came across the house of the appellants, appellant Keshav came out of his house armed with an axe and assaulted the d eceased on his neck. By that time, appellants Chunna and Maiyadin also came out and caught hold of deceased and appellant no.3 Keshav gave several repeated axe blows to the deceased. Appellant Ram Swaroop also came there and assaulted the deceased by 'koor', an instrument used for fishing. Appellant Maiyadin exhorted the other appellants to kill the deceased. Shobharani, wife of deceased tried to save her husband, but her step mother-in-law and wife of appellant Ramswaroop pushed her away. On hearing the screams, Raja Bhaiya and Lallu came out of their houses and reached the spot, but they were also abused by the appellants, which frightened them and they went back inside their houses.