RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgement and sentence dated 12.09.1994 passed by the First Additional Sessions Judge, Sagar in Session Trial No. 282/1992, whereby the appellant/accused has been convicted under Section 302 of the Indian Penal Code and sentenced for life imprisonment.

(2.) Other co-accused persons namely Babbu, Udham, Lakkhu, Bablu and Fullu have been acquitted by the learned Trial Court from the charges under Section 147, 148 and 302 of IPC.

(3.) Brief facts of the prosecution case are that on 23.11.1991 at about 9:00 pm at village Uldan, Ramchandra (since deceased), his wife Awadhrani, son Madan and daughter-in-law Shyamrani and other villagers were seeing vidai procession. Accused Ballu & Punni along with the appellant, Babbu, Fullu, Lakkhu and Udham came there. Ballu and Pannu were armed with lathi while others were barehanded. They started beating Ramchandra with khaderua (a wooden part of bullock-cart) and lathis on account of property dispute. Awadhrani and Madan tried to rescue Ramchandra. They were also assaulted by the accused persons. Raju and Ramsingh were the eye-witnesses. After the incident, accused person along with appellant Ramesh flew away from the spot.