RAKESH AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction passed by the 2nd Additional Sessions Judge, Ratlam in Session Trial No.118/1997 dated 06.01.1998 wherein the appellants found the appellant No.1 guilty under Sec. 304 Part II of Penal Code and sentenced him to undergo 7 years rigorous imprisonment with fine of Rs.1,000.00 with default stipulation. The remaining accused were found guilty under Sec. 323 of Penal Code and sentenced to 1 year rigorous imprisonment each.

(2.) The facts according to prosecution story are that the incident took place on 26.01.1997 at about 7 p.m. Jaduram is paternal uncle of Ramlal Borasi. The said Jaduram went to the house of Ramlal Borasi (P.W.-9) and informed him that his son Umesh had eloped with daughter of Siyaram/accused No. He also informed him that wife of Siyaram and his son Jahendra Pal Singh were called by them to sort out the matter. On this, the deceased Lalman, Srilal (P.W.-11), Babulal (P.W.10) and Madanlal (P.W.13) went to the house of Jaduram, where wife of Siyaram and his son Jahendra Pal were also called. The talks were not successful and they were coming back from their house. Lalman was walking ahead. Suddenly, they heard Dilip (P.W.-8) shouting. The said Dilip came in search of Lalman. There they saw knife in the hand of accused Rakesh and lathi in hand of Surajpal. Jahendra Pal and Siyaram were having brick bats in their hands. They were beating Lalman. Injury was inflicted by knife by accused Rakesh. Dilip (P.W.-8) placed head of the deceased Lalman in his lap and sat down. At that time, a blow by lathi was given on his head by Suraj Pal. Next day deceased Lalman died while Dilip sustained simple injuries.

(3.) Learned trial Court framed charges under Sections 302/34 Penal Code and sentenced to the accused persons under Sec. 304 Part II and one year rigorous imprisonment each to accused Siyaram, Suraj Pal and Jahendra Pal under Sec. 323 Penal Code with default stipulation.