RAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant is hereby taking exceptions to the order of conviction and sentence passed against him by Addl. Sessions Judge, Dewas (Camp Kannod) in Sessions Trial No. 161/90 whereby he had convicted the appellant for committing murders of his brother Ramprasad and his nephew Anantram on 22.5.90 at about 12.00 noon in village Kolari. The appellant has been sentenced to undergo imprisonment for life for murder of both Ramprasad and Anantram separately, with fine of Rs. 500/ - each and in default to undergo RI for six months. Both substantive sentences have been directed to run concurrently.

(2.) PROSECUTION case in brief can be enumerated as mentioned hereunder:

(3.) SHRI Verma, counsel appearing for appellant submitted that the evidence of prosecution witnesses has been erroneously believed by the learned trial Judge and, therefore, he erred in passing the order of conviction and sentence against appellant He urged it to be set aside and appellant be acquitted. In the alternative Shri Verma submitted tl1at the sentence be altered from S 302 IPC to S. 304 either part I or part II IPC in case of both the murders Shri Desai. Govt. Advocate justified the impugned order of conviction and sentence by pointing out that the evidence of prosecution witnesses Jainarayan, Dulari and Sugnabai has not been shattered at all. He submitted further that their evidence has been well corroborated by medical evidence as well as by evidence of other prosecution witnesses.