NARENDRA AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) By this appeal, the appellant assails the judgment dated 10.04.2000 of the learned Ist Additional Sessions Judge, Shajapur in Suppl. Sessions Trial No.90/99 by which the learned trial Court has convicted the appellant for an offence punishable under Section 302 of the IPC read with Section 34 thereof and sentenced to imprisonment for life and fine of Rs. 1,00,000/-; in default of payment of fine, the appellant was directed to undergo further RI for 3 years.

(2.) Co-accused Devendra, Bhupendra and Parmendra were prosecuted separately in Original Sessions Trial No.204/1996 as the main accused/appellant Narendra went absconding. After trial, the coaccused persons were convicted vide judgment dated 09.04.1997 under section 302/34 of the IPC and sentenced them to undergo imprisonment for life with fine of Rs. 1,000/-. After arrest of the present appellant Narendra, supplementary charge sheet was filed against him in the year 1999 and he was tried in Suppl. Sessions Trial No.90/99. Before commencement of the suppl. Sessions Trial No.90/99, the prime eyewitness of the incident i.e Narendra Kumar, the father of the deceased Jitendra (PW/1 in Original Sessions Trial No.204/1996) died somewhere in the year 1998.

(3.) The case of the prosecution in brief was that there was enmity between deceased Jitendra and accused/appellant Narendra on the ground that Jitendra had eloped with his sister and after demise of his father, he had prompted his wife Meenakshi (PW/4) to make a claim in the family property. On 27.08.1996 at about 5.30 in the morning while Jitendra followed by his father Narendra Kumar (PW/1 in Original Sessions Trial No.204/1996) was proceeding towards his tea stall and had crossed the river and reached the culvert, the appellant Narendra along with co-accused Bhupendra, Devendra and Parmendra approached from the side of Mhowpura road. Narendra was armed with a sword, Bhupendra with a daggar while Devendra and Parmendra each with knife. He was surrounded by the miscreants and mercilessly assaulted by the weapons stating that he was demanding share in the property and that they would do away with him. He was first assaulted by the accused/appellant Narendra on his neck by means of a sword with the result he fell down and thereafter the other accused pounced on him. The father of the deceased Narendra shouted for help which attracted Sanjay Sharma (PW/1) and Karan Singh Gujar (PW/3). On seeing that persons from the surrounding were approaching, the accused ran away from the scene of occurrance.