BHURLA Vs. STATE OF M.P.

JUDGEMENT

(1.) Being aggrieved by their conviction under Sections 302/34 and 307/34 of IPC recorded by 2nd Additional Sessions Judge, Fast Track, Jobat vide judgment dated 01/02/2006 delivered in Sessions Trial No. 252/2004, the appellants have preferred the present appeal.

(2.) Both the appellants have been awarded life imprisonment and 10-10 years RI with fine of Rs. 500-500/- for both the offences and in default one month RI for each default, means total 2-2 months RI respectively.

(3.) Prosecution case in brief is that on 16/07/2004, the complainant Mukesh along with his father Dhundhara was sleeping at their well to guard their water pump fitted in the well. In the mid-night at about 1:00 AM, Dhundhara felt presence of someone. He woke up Mukesh and asked to see as to who is there. Mukesh awoke and saw that Bhurla and Suban (appellants) along with a third unknown person having bow and arrow and Faliya in their hands were standing there. Suban shouted that after a long, they have found their enemy, and now don't let them go. Bhurla inflicted falia on the right hand of Dhundhara, who fell down. As Mukesh tried to save him, Suban gave a blow of falia on right ankle and paw of left leg. Their third companion inflicted bowstring on the back of Mukesh and Bhurla inflicted falia on his left eyebrow. Mukesh clamoured and ran away from the spot to save himself. His uncle Harisingh, Ramesh, Somla and Sardar rushed to the spot. He revealed the incident before them. They all took injured Dhundhara to his home but he could not be saved and died. Harisingh took Mukesh to the Police Station - Ambua by jeep, where he lodged FIR No. 135/04, stating that due to a year old dispute over fetching water from hand-pump, Suban had threatened him that within a year, he will kill him and now within a year he has done this and killed his father.