LAXMAN & ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 07.10.1995 passed in Sessions trial No.15/1990. Four persons were prosecuted for commission of offence of murder by the trial Court. The Trial Court has acquitted one of the accused Kishori. The prosecution of the appellants was initiated on the basis of a private complaint filed by the widow of deceased Ladkuwar Bai.

(2.) The trial Court has held the appellants guilty for commission of offence punishable under Section 302/34 of IPC and awarded sentence of life imprisonment and fine amount of Rs.1000/-.

(3.) Prosecution story in brief is that one of the accused Swami Prasad was brother-in-law (nandoi) of the wife of the deceased. Swami Prasad used to visit the residence of wife of the deceased and along with other accused persons. At one time when Swami Prasad came to the house of the deceased and was eating food, being served by the wife of the deceased, he had catch hold the hand of the wife of the deceased. It is alleged that Swami Prasad had some relation ship with the wife of the deceased. On 26.06.1986 accused Kishori came to the house of the deceased. He had taken the deceased with him on the ground that accounts of fertilizer purchased from the shop of Chandi Sahu was to be settled. The deceased did not return back in the night. On the next day, i.e. 27.06.1986 wife of the deceased received information that the dead body of the deceased was lying near Chanaiya well. She went on the spot. Her Jeth (elder brother of her husband) Mohanlal lodged report at police station. Thereafter, the report was registered at the police station. The police registered criminal offence against Kishori and Sarman. Subsequently, wife of the deceased filed a private complaint against four accused persons and the Trial Court registered offence against the present appellants for commission of offence punishable under Section 302/34 of IPC because the police registered the offence against Kishori and his son only. The trial Court after trial acquitted accused Kishori form the charge and convicted three accused persons Laxman, Gullu and Swami Prasad.