LALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 19.12.2000 passed by Sessions Judge, Shahdol in S.T. No.186/2000. Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC and awarded the sentence of life imprisonment.

(2.) Appellant was prosecuted for commission of offence punishable under Section 302 of IPC. The deceased was real brother of the appellant-accused.

(3.) As per prosecution story on the date of the incident at around 5.00 O'clock in the evening Sotiya was digging pit out side of his house. Appellant who is real brother of the deceased asked from the deceased what he was doing, the deceased asked the appellant to give his share, on this the appellant asked the deceased to convene a Panchayat and take his share. He also tried to take away spade of the deceased. There was a dispute between them in regard to partition of property and thereafter the deceased had jumped in the Well. The wife of the deceased leveled allegation against the appellant that he had inflicted a blow of fist to the deceased. He had beaten him and thereafter pushed him in the Well, due to which he was died. Report of the incident was lodged at the police station. The police conducted investigation and filed charge sheet. Appellant abjured his guilt and pleaded innocence. Trial Court held appellant guilty for commission of offence punishable under Section 302 of IPC.