RAMSIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by Sessions Judge, Chhatarpur, in S. T. No. 255/98 decided on 26. 7. 99.

(2.) APPELLANT has been convicted under Section 302 of ipc and sentenced to imprisonment for life with fine of Rs. 2,000/ on two counts for committing murder of Hiraya and Rajrani @ radharani by the impugned judgment. Both the sentences were to run concurrently.

(3.) ACCORDING to prosecution, on 6. 10. 98 at about 3'o'clock in the noon at Mahamai field, village Odi, when deceased hiraya, his wife Rajrani and son Ramlakhan were cutting the grass near the medh of their field after phoughing it, appellant Ramsiya, the real brother of deceased Hiraya, came there with lathi and abused Hiraya complaining why he ploughed the medh of his field. Deceased Hiraya denied to have ploughed medh of appellant's field, which led to an altercation between deceased Hiraya and the appellant. Thereupon, appellant wielded lathi blow on the scalp of Hiraya and other repeated lathi blows on his body. As a result, hiraya fell down and sustained injuries with profused bleeding. His wife Rajrani @ Radharani and son Ramlakhan rushed to rescue him, but appellant gave lathi blows to Rajrani as well. She also fell down and sustained various injuries. Appellant also tried to assault Ramlakhan, the son of Hiraya, but he somehow managed to escape, reached the village and narrated the incident to Rajaram patel, Baldev Patel, Shobhalal and others. By the time they came to the place of occurrence, both Hiraya and his wife Rajrani had succumbed to their injuries.