TARACHAND AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 17.02.2009 passed by the First Additional Sessions Judge, Waraseoni, in Sessions Trial No.41/2008, whereby the appellants Tarachand and Mukesh have been found guilty of an offence punishable under section 302/34 of the Indian Penal Code and have been sentenced to life imprisonment with fine of Rs.500/- for committing the murder of deceased Phoolchand. In addition, appellant no.1 Tarachand has also been convicted for offence punishable under section 324 of the Indian Penal Code and has been sentenced to R.I for six months with fine of Rs.500/- for inflicting injuries upon the person of Battar Singh.

(2.) The prosecution case, in brief, is that the deceased Phoolchand had kept the second wife of the accused Tarachand as his wife on account of which there was an animosity between Tarachand and the deceased Phoolchand as well as appellant Mukesh, who is the son of Tarachand and Malan Bai, the second wife of Tarachand.

(3.) On a report been lodged by Battar Singh (PW-9) Criminal law was set in motion. The offending weapons were recovered from Tarachand and Mukesh.