LAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 21-7-2006 passed by the learned Sessions Judge, Bhopal in s. T. No. 42/2006 convicting the appellant under Section 302 of IPC and sentencing him to suffer life imprisonment, the appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) ,in brief the prosecution case is that complainant Guddu and his brother Pappu (hereinafter referred to as deceased) were residing in slum area. In the same locality the appellant was also having a hut. A tree of Neelgiri was in the courtyard of complainant, which fell down during rainy season, as a result of which the complainant party kept the wood of the said tree on the other side of the road in front of the hut of the appellant. It is said that brother of the appellant cut the wooden logs and by committing theft took away the wood of the said tree as a result of which some altercation took place between the appellant and the complainant party.

(3.) IT is further the case of the prosecution that in the night of 20-12-2005, complainant guddu, his sister Shiv Kanti, mother Hemlata and brother Rishikant were going to sleep at that juncture accused persons came and started hurling the abuses to the complainant as well as to the deceased and insisted them to come out from hut. It is said that deceased tried to pacify accused persons and he also opened the door as a result of which accused persons dragged the deceased near by their hut. It is the further case of the prosecution that appellant was armed with Gupti and co-accused Reghuveer was having an iron rod. On being called by hemlata mother of the complainant, the neighbours namely Leeladhar and Ganjan singh arrived at the spot and they rushed to rescue the deceased. It is said that appellant in order to kill the deceased dealt a blow of Gupti on his right thigh of deceased and when complainant went to rescue the deceased co-accused Raghuveer dealt a blow of rod on his back. Thereafter all the accused persons fled from the spot.