RAMSWARUP PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment dated 14.12.2006 passed by the Second Additional Sessions Judge, Rewa in S.T. No.150/06 whereby the appellant / accused has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and fine of Rs.2000/-; in default of payment of fine, further 6 months rigorous imprisonment.

(2.) In this case it is not disputed that Sumit Kumar (PW-1) and Amit Kumar (PW-5) are the sons of deceased Jawaharlal and Archana (PW-2) is the daughter of the deceased and Amresh Patel (PW-8) is the brother-in-law of the deceased. The appellant and the deceased also belong to the same family as their ancestors were the same and they reside in the vicinity.

(3.) In brief, the relevant facts of the case are that in the intervening night of 9 and 10 of June, 2006 at about 1.30 am when deceased Jawaharlal was sleeping on a cot out of his house and his sons Sumit Kumar (PW-1) and Amit Kumar (PW-5) were also sleeping together on another cot, the appellant assaulted the deceased with Tangi and caused injury on his neck. Sumit Kumar (PW-1) and Amit Kumar (PW-5) woke-up suddenly and made hue and cry then the appellant ran away with co-accused Jagannath and Pappu @ Brajesh who were standing nearby a lemon tree situated on the yard. At that moment, their sister Archana (PW-2) also came out of the house and saw the appellant and other co-accused persons running away from the place of incident. The neck of the deceased was cut and excessive bleeding was going on and ultimately, their father had died. On making hue and cry, the persons residing in the locality also came over there and gathered on the spot and one of them informed the police and the police reached on the spot at 3.30 am and Sumit Kumar (PW-1) lodged Dehati Nalishi Ex.P/2, on the basis of which, murg intimation Ex.P/1 was registered and thereafter, on the basis of the Dehati Nalishi, FIR Ex.P/18 was recorded as Crime No. 123/06 in Police Station Govindgarh, District Rewa, for the offence under Section 302 read with Section 34 of the IPC.