RAMSWAROOP Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by appellant-Ramswaroop against the judgment of conviction and order of sentence dated 24/09/2008 passed by Sessions Judge, Bhopal in Sessions Trial No.35/2008 thereby convicting him under Section 302 of IPC for committing murder of deceased-Chhaganlal and sentenced him to imprisonment for life along with fine of Rs.10,000/-, in default of payment of fine, further three years RI.

(2.) Appellant-Ram Swaroop (Accused No.1), Gabbar Singh (Accused No.2), Laxminarayan (Accused No.3) and Makhmal Singh (Accused No.4) were implicated for committing murder of deceased-Chhaganlal. Except appellant-Ramswaroop, all the co-accused persons namely Gabbar Singh (Accused No.2), Laxminarayan (Accused No.3) and Makhmal Singh (Accused No.4) have been acquitted by the impugned judgment.

(3.) Appellant and deceased-Chhaganlal were related to each other. As per statement of Bagmal (PW-4) and Mohan Singh (PW-3), Chhaganlal was uncle of appellant-Ramswaroop. On 10/11/2007, complainant-Mohan Singh (PW-3) gave an information at Kolari Road Police Station, Bhopal to the effect that at around 4.00 p.m. in the evening when he was standing outside of his house and Chhaganlal was with him, at that relevant point of time, on account of land dispute between appellant and Chhaganlal as Chhaganlal damaged boundary wall of appellant's agriculture field, he along with his brother Gabbar Singh, Laxminarayan and Makhmal Singh came there and started abusing his son Bagmal (PW-4) and also exhorted that he will commit murder of his son Bagmal. (PW-4). When Chhaganlal asked him not to abuse, all the four accused persons surrounded him and again started abusing him and the present appellant-Ramswaroop who was armed with Farsa caused Farsa injury on his head due to which Chhaganlal fell down. He was brought to Anupam Hospital for treatment. For further treatment he was referred to Aayushman Hospital and during treatment he died after two days on 12/11/2007.