HARIRAM AND ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 30.6.2007 passed by the 1st Additional Sessions Judge, Harda in Sessions Trial No. 51/2006, whereby appellant Hariram held guilty for commission of offence punishable under Section 302 of IPC and appellant Premlal held guilty for commission of offence punishable under Section 302/34 of IPC and awarded sentence of life imprisonment and fine of Rs. 1000/- (each) with default stipulations.

(2.) Prosecution story in brief is that in the evening accused persons who are members of one family were abusing deceased Gulzar. When he obstructed them, Hariram inflicted blows by an axe on the head of the deceased and Premlal inflicted blows by a lathi. Other accused persons caught hold the deceased. When wife of the deceased reached on the spot, she was also beaten by the family members. The report of the incident was lodged at police station, Rahatgaon. The deceased died in the night. Five persons were prosecuted by the investigating agency. The trial Court acquitted three persons Leelabai, Anitabai and Gendalal and convicted the appellants. Both the appellants are real brother.

(3.) Learned counsel for the appellants has submitted that conviction of the appellants is based on the sole testimony of Shantabai (PW13). She is related witness and her testimony is not reliable because there are major contradictions and omissions in her statement. It is further submitted by learned counsel for the appellants that the trial court has committed an error in convicting appellant Premlal with the aid of common intention to kill the deceased. The incident had happened all of a sudden.