RAMKRIPAL ALIAS KRIPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is arising out of the Judgment dated 26.10.2009 passed by the First Additional Sessions Judge, Chhatarpur in Sessions Trial No.260/2008, whereby the appellant has been convicted for offence punishable under Section 302 of the IPC for commission of murder of deceased Nathua @ Natthu Kushwaha and sentenced to imprisonment for life and fine of Rs. 100/-; in default of payment of fine, additional rigorous imprisonment for three months. The appellant has also been convicted for offence punishable under Section 323 of the IPC for causing injury to Jhalua Kushwara and sentenced to simple imprisonment for one year. Both the sentences are ordered to run concurrently.

(2.) The story of the prosecution, in brief, is that on 5.9.2008 Nathua Kushwaha (hereinafter referred to as 'the deceased') had gone to the field of Jhalua Kushwaha (hereinafter to be referred to 'the injured') as a matter of routine with his bullocks. At about 12.00 Noon, Balkishan Kushwaha, the son of the deceased went to the said field for giving food to his father/deceased. The deceased after having meals laid down there in the field for taking rest. The injured Jhalua Kushwaha was also there. Balkishan (P.W.3) and Sukhlal Yadav were sitting and talking. At 3.00 P.M., the appellant/accused armed with lathi and brick came there from the side of fencing of the field and uttered to kill the deceased and the injured both. He also said that the deceased got his crops grazed by his animals in the previous year and this year also they would repeat the same. The appellant assaulted the deceased with the brick on his head on account of which, the deceased fell down and the blood started oozing from his head. Jhalua, Balkishan and Sukhlal intervened, then the appellant also assaulted Jhalua by brick. Thereafter, the appellant/accused again inflicted lathi blows to Nathua on his head and back on account of which Nathua Kushwaha became unconscious. Jhalua Kushwaha was also assaulted by lathi on his head and hand on account of which blood started oozing. After committing marpeet accused Ramkripal ran away from there. Both the injured were brought to the house where Nathua Kushwaha died. Jhalua Kushwaha was taken to District Hospital Chhatarpur for medical treatment. On 05.09.2008 itself at 4:00 p.m. Balkishan Kushwaha (PW-3) lodged the first information report (Ex.P-12) at police station Bameetha. Malkhan Singh, Inspector (PW-11) investigated the matter. Spot map Ex.P-5 was prepared. Panchnama of dead body was also prepared and postmortem was conducted. On the basis of memorandum of accused Ex.P-1, lathi and brick were recovered from his possession vide seizure memo Ex.P-2.

(3.) After completing the investigation, charge-sheet was filed before the Chief Judicial Magistrate, Chhatarpur who committed the case to the Sessions Court on 20.10.2008 for trial. The trial Court framed the charges under Sections 302 and 323 of the I.P.C. against the appellant. The accused abjured the guilt and claimed that he has been falsely implicated.