GOTILAL RUNWA SATNAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Gotilal son of Runwa Sacnami and 8 others stand charged under Sections 147,148,302,149 Indian Penal Code for committing murder of patiram on 28-8-1982 at 10 A. M. in village Mehka Pakaria, District Bilaspur, in the field known as 'manotora ka Khet'.

(2.) THE prosecution case is that at about noon time on 26-8-1982 at village Mehka pakaria, the incident had taken place. The land in dispute was purchased by appellant gotilal about 12 to 13 years back from one Satnami through a registered sale-deed and since then it has been in his possession and cultivating the same; but for the last 5/6 years mst. Pacho Bai wife of Bakku, at the instance of deceased Patiram has been harvesting the crop. As such, appellant's relations with Patiram were not cordial and proceedings under Sections 107 and 116 Criminal Procedure Code were pending. Patiram had purchased the said land in the name of his daughter-in-law Vejdan Bai from one Amrita bai Suryawanshi for Rs. 3,000/- through a registered sale-deed. It is also stated that the appellant Gotilal was acting as Mukhtyar on behalf of Amrita Bai and was not allowing vedan Bai to get the said land mutated in her name.

(3.) ON the day of the occurrence at about 10 A. M. when appellant Gotilal was going to the field and deceased Patiram was returning from the field, the latter tried to assault him, upon which accused Gotilal gave 5/6 lathi blows to Patiram. The other co-accused also reached on the spot and they also participated in the alleged incident. Patiram, as a result of lathi blows received fatal injuries andsuccumbed to death.