MALKHAN AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 23.03.1995 passed by the First Additional Sessions Judge, Satna in Sessions Trial No. 190/90 whereby the appellants have been convicted under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs. 2000/- each with default stipulation.

(2.) During the pendency of this appeal, appellant No. 2 Bakoli and appellant No. 3 Mathura have been died. Hence, the appeal filed by the aforesaid appellants is abated. The present appeal is being prosecuted by appellant No. 1 Malkhan and appellant No. 4 Sharda.

(3.) Prosecution story in brief is that deceased Lalji was the younger brother of Ramkhilawan (PW-1). On the date of incident, Ramkhilawan (PW-1) had gone to Majhgawan. His father Baijnath (PW-11) and mother Parwati (PW-12) were at home. At around 8 o'clock in the morning, after hearing hue and cry, they went to the spot and noticed that appellant No. 1 Malkhan had been beating the deceased with an axe and other accused persons had catch hold of the deceased. After hearing hue and cry, accused persons ran away from the spot. Report of the incident was lodged at police station at 10:30 am in the morning by Ramkhilawan (PW-1). Thereafter, FIR was registered. Police conducted investigation and filed charge-sheet.