MAHARAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 27-10- 2009 passed by 2nd A.S.J. (Fast Track Court), Pichhore, Distt. Shivpuri in S.T. No.151/2007, by which the appellant has been convicted under Section 302 of I.P.C. and has been sentenced to undergo the Life Imprisonment and a fine of Rs.500/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that the complainant Lalaram gave an information that his uncle Barelal and his father Baghraj had jointly purchased 10 biswa of land from Kishori. On 5-5- 2007, at about 8:00 am in the morning, the appellant was cultivating the land without the consent of the complainant and his father, therefore, the complainant and his father objected to it. The appellant got annoyed and out of anger and in heat of passion, ran his tractor over the body of the deceased by driving the tractor in rash manner, as a result of which his father, Baghraj has expired. The incident has been witnessed by Harbhajan and Panni. On this report, the police registered the F.I.R., prepared the spot map, sent the body for postmortem, recorded the statements of the witnesses, the tractor was seized and after completing the investigation, filed the charge sheet for offence under Section 302 of I.P.C.

(3.) The Trial Court framed charge under Section 302 of I.P.C.