ASHARAM TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are filed under Section 374(2) of the Cr.P.C, challenging the order of conviction and sentence dated 24.03.2009, passed by the Court of Special Judge (Schedule Caste and Scheduled Tribe Prevention of Atrocities Act) Chhatarpur in Special Case No.154/2006. The appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_73_LAWS(MPH)3_2019_1.html</FRM>

(2.) The case of the prosecution is that on 23.10.2006 at about 4 pm in the evening, co-accused Ram Kishan armed with axe and katta, Ram Ashray armed with axe, Ranu armed with lathi and appellant Asharam Tiwari armed with lathi came to the house of P.W-1 Kallu and asked him to return the land which was sold by father of the co-accused but P.W-1 Kallu had refused for it. It is alleged that co-accused Ram Kishan assaulted Kallu by means of axe on his head and other co-accused persons and the appellants had also assaulted Kallu by means of axe and lathi. It is alleged that when the P.W-4 Champa wife of Kallu, Roshni daughter of Kallu and Ramashankar S/o Kallu came to save Kallu, at that time, he was also assaulted by the accused persons as a result of which Ramashankar died.

(3.) It is further alleged that the appellants went to the house of Ramdas (Brother of Kallu) and there co-accused Ram Kishan had fired katta, as a result of which Ramdas received injuries in his abdomen. The co-accused Ramashray, Ranu and Asharam Tiwari assaulted Ramdas by means of lathi and axe, as a result of which Ramdas died. Thus, the allegation against the appellants are committing murder of two persons Ramashankar and Ramdas.