VISHAN SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this appeal filed under Section 374 of the CrPC, appellant Vishan Singh Yadav has challenged the conviction recorded by First Additional Sessions Judge, Guna vide judgment dated 17.3.2005 passed in Sessions Trial No.298/2003, whereby he has been convicted under Section 302 of the IPC and sentenced to life imprisonment with a fine of Rs.500/- and in default of payment of fine, to suffer additional three months RI.

(2.) Undisputedly, deceased Shishupal and appellant are real brothers and sons of Barelal (PW-9) and Achal Bai (PW-8). Above mentioned parents were having four sons, amongst which appellant is second son and deceased Shishupal was their third son. Complainant Bakelal (PW-1) is elder brother of Barelal (PW-9) and it is also undisputed that some years ago Barelal had divided all his agricultural lands between his sons and 10-12 bighas agricultural land had fallen in share of his each son.

(3.) Prosecution's case in brief is that complainant Bakelal Yadav (PW-1), a resident of village Kusman, lodged FIR (Ex.P/1) at 12=25 hours at Police Station Aron regarding incident occurred on same date at 9.00 am to the effect that at 9.00 am when he was at his house, village boy Kailash (PW-3) intimated him that in agricultural land a quarrel is occurring between Shishupal and Vishan and Vishan is assaulting with a farsa to Shishupal. Complainant Bakelal (PW-1) took his brother Barelal (PW-9), Parmal Singh (PW-2), Ranveer and other persons of village with him and reached to relating agricultural land and found that in between the boundary (Maidh) of Shishupal and appellant's land, Shishupal was lying on land and his face was towards the land and there were appearing injuries caused by farsa over his back and blood has spread nearby. Complainant and other persons on checking found that Shishupal had died. There was enmity regarding partition of the family's property between Shishupal and Vishan and about four years ago, a quarrel had occurred in reference to which on report of each party cross-cases were arisen and due to this enmity Vishan fled away after murdering Shishupal. After putting dead body on tractor and trolley of Parmal Singh, complainant reached to Police Station Aron and lodged report, which was scribed by SHO Raghvendra Singh Tomar (PW-16).