BETALAL AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants being aggrieved by the judgment dated 30.08.2008 passed by First Additional Sessions Judge, Satna in S.T. No.209/2006, whereby the appellants have been convicted under Section 302/34 of Indian Penal Code and sentenced for life with fine of Rs.100/- each.

(2.) In brief the prosecution case is that on 29.08.2005 Ramesh Kumar Urmalia (since deceased) went to village Madulhai by his motorcycle at about 10 am, at that point of time, the appellants assaulted him by axe in front of their field due to earlier dispute between them and his dead body was found at the field in front of Beta Mawasi house. On the report of Krishnakant (Uncle of the deceased), the police registered the Marg intimation at P.S. Baronda, District Satna. Police lodged FIR under Section 302/34 of Indian Penal Code against the appellants. After completion of the investigation, a charge sheet was filed before the competent court.

(3.) After committal of the case, learned trial Court framed the charge under Section 302/34 of IPC against the appellants. Appellants abjured their guilt and pleaded that they were falsely implicated by the Police. Learned trial Court convicted the appellants on the basis of testimony of eye-witnesses, the prosecution case was supported by the medical evidence. Hence, learned trial Court found the appellants' guilty under Section 302/34 of Indian Penal Code for committing the murder of Ramesh Kumar Urmaliya and sentenced for life with fine of Rs.100/- each.