PREMLAL & ANR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 13.02.1995 passed by the Ist Addl. Sessions Judge, Balaghat in Session Trial No. 114/1991 whereby the appellants have been convicted under Section 302/34 of the Indian Penal Code.

(2.) The prosecution case is that on 001991 at about 8:45 pm at Ward No. 12 Waraseoni in front of the house of Padam (since dceased), the appellants were abusing him. Padam came out from his house. Appellant No. 1 Premlal took a burning torch (mashal) and appellant No. 2 Ramesh took lathi. Therefore, Padam ran away. The appellants chased him. Appellant Ramesh pushed him due to which deceased Padam fell down in a drain. Premlal ablaze him. Thereafter, they beat Padam by lathi. Padam died on the spot. Sarita Bai (PW-1) daughter-in-law of the deceased, Jeevan Koshti, Jagdish Koshti and other persons witnessed the incident. Sarita Bai (PW-1) lodged the FIR against the appellant at police station, Waraseoni. Crime under Section 302/34 was registered against the appellants. After due investigation, charge-sheet was filed before the concerned Court.

(3.) The trial Court framed charges under Section 302 r/w Section 34 of IPC against the appellants. They abjured guilt and pleaded that they were falsely implicated by the complainant party.