STATE OF M.P. Vs. SALIKRAM

JUDGEMENT

(1.) IN this appeal, the State of M.P. has challenged the order of acquittal of the respondents Salikram Milau and Khilau u/s 302/34 of the IPC and that of Milau u/s 324 IPC recorded by the First Additional Sessions Judge Bilaspur, in sessions trial No. 158 of 1969, decided on 31 -1 -1970.

(2.) THE prosecution case is this. The deceased Sahorik was the elder brother of the respondent Salikram. Respondents Milau and Khilau are the sons of the respondent Salikram. Sitaram (PW.1) is the son, of Mst. Chandrakali (PW.14) the widow and Mst. Fulkunwar (PW.15) the mother -in -law of the deceased. Sonudas (PW.3) is the Kotwar of the village. In the year 1953, a partition took place between the deceased and the respondent Salikram in which the field known as 'Bandhiyawala' fell to the share of the respondent Salikram. Though in the revenue records, names of the deceased and the respondent Salikram continued, yet the respondent Salikram was in its possession and was cultivating it.

(3.) THE three respondents, duly armed, returned back to the village and informed the village people that they bad killed Sahorik. Respondent Salikram slapped Mst. Fulkunwar (PW.15) and respondent Milau dealt a lathi blow on the waist of Mst. Chandrakali (PW.14).