SIROMAN Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal is filed by the accused persons challenging judgment dated 20.9.2002 passed by the Additional Sessions Judge, Seondha Camp District Datia in Sessions Case No. 12712000, whereby the appellant No. 1 Siroman is convicted under section 302 of IPC and appellants Harisingh and Ramsewak are convicted under section 302/34 of IPC and they are sentenced to undergo life imprisonment with fine of Rs. 1,000/- each, in default to undergo six months' RI.

(2.) As per prosecution case, on 29.7.2000 at about 6:00 A.M. in the morning deceased Naththu alias Jaysingh was irrigating his field alongwith his servant Ajeet Singh. A well is situated on his field. The field of the accused persons is adjacent from two sides to the field of the deceased and a dispute about the demarcation of the field was pending between them. On the date of incident, Siroman appellant No. 1 went there armed with an axe and asked the deceased where is Hetam. The deceased replied that he is at home. Siroman caught hold of the deceased and took him to the boundary in between the fields of the deceased and the accused, in the meantime accused Sevak armed with "ballam" and Mev armed with "farsa" reached the spot and started beating Naththu alias Jaysingh. Siroman gave a "farsa" blow on the back side of deceased Naththu and two other accused caused injuries by "ballam" and "farsa", due to which deceased died.

(3.) A report of this incident was lodged by Sheela widow of the deceased and the police registered a criminal case against the accused persons. After investigation the police filed the challan and the case was committed to the Sessions Court. After framing of the charges and recording of evidence, the Sessions Court found the accused guilty of the charges levelled against them and sentenced accordingly. Hence this appeal.