PRABHULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved by the impugned judgment dated 28.11.2007 passed by the First Additional Sessions Judge, Raisen in S.T. No.188/06 whereby the each of the appellants has been convicted for committing murder of Jeevan under Section 302 / 34 of IPC and sentenced to imprisonment for life along with fine of Rs.1000/-; in default of payment of fine further RI for 1 month and they have been further convicted for causing injury to Chothmal and Roop Singh under Section 323 / 34 of IPC and sentenced to undergo RI for 3 months/-. Both the sentences are directed to run concurrently.

(2.) In this case, it is uncontroversial that appellants no. 2, 3 and 4 are the sons of appellant no.1. Deceased Jeevan is the son of injured Chothmal (PW-1) and brother of Roop Singh (PW-4) and the incident had taken place on account of the dispute with regard to possession over the land where the incident took place.

(3.) In brief, the relevant facts of the case are that on 6.10.2006 at about 8 am in village Tijalpur, the appellants were grazing their cattle in the agriculture field, about which, the complainant party was claiming right of the possession on the basis of the lease given by Shivcharan (PW-13) and deceased Jeevan, his father Chothmal (PW-1) and his brother Roop Singh (PW-4) went to the field and seeing that the appellants were grazing their cattle on the field tried to prevent the appellants from grazing their cattle, on which, crop of Soyabean was standing but the appellants instead of stopping themselves made assault on deceased Jeevan, Chothmal (PW-1) and Roop Singh (PW-4). At the time of incident, appellant Prabhu asked other accused persons to beat the complainant party saying "Maro Salon Ko" then appellant / accused Prem Singh assaulted deceased Jeevan with ballam on left side of his chest and appellant / accused Hukum Singh assaulted deceased Jeevan with farsi and caused injury on his head and appellants /accused Prabhu and Prem Singh also assaulted deceased Jeevan with lathis and the appellants also assaulted Chothmal (PW-1) and Roop singh (PW-4) and also caused injury to them. Deceased Jeevan fell down on the field and the appellants / accused fled away from the spot. Thereafter, when deceased Jeevan was being taken to police station he died on the way and thereafter, he was shifted to the hospital.