BHADU AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed on 17/03/2010 under Section 374 (2) of the Cr.P.C. against the judgment dated 22/02/2010 passed in Sessions trial No. 169/2009 by the 1st Additional Sessions Judge, Betul by which the learned Lower Court convicted the appellants for offence under Section 302 of the I.P.C. and sentenced them to undergo Imprisonment for life and fine of Rs. 1,000/- each with default stipulation.

(2.) As per prosecution case, on 19/05/2009 in the morning, complainant Narbadibai had gone to the house of her daughter Sumratibai and in the night at about 9 p.m., appellants came to the house of her son-in-law ([1]) namely Narendra and asked him that he is residing in their agriculture field and insisted him to get partitioned the agriculture land so that they shall also reside in it, on this point, they started to commit marpeet and it is alleged that appellants assaulted Narendra by means of lathi and danda on his head and waist. Thereafter, he became unconscious. Complainant Narbadibai intervened and sustained injury on her right hand and her daughter Sumratibai also received injury on her left shoulder and left hand. Narbadibai thereafter called her son Kamal and Lalsingh. The aforesaid incident was seen by other villagers. Due to marpeet, Narendra become dead and on 20/05/2009 at about 7:00 p.m., Rojnamcha report was made by Sarpanch in police station Bhounra and at about 7:50 p.m., a marg intimation was given by Narbadibai in police station Shahpur. The police thereafter on the basis of aforesaid marg intimation registered Dehati Nalishi and on the death of deceased Narendra registered offence under Section 302 and 323/34 of I.P.C. vide Crime No. 131/2009. Thereafter, the police prepared Panchnama and sent the dead body of the deceased for post-mortem and also referred injured Narbadibai and Sugratibai for M.L.C. in C.H.C. Shahpur. The police prepared mouka naksha, recorded the statement of witnesses under Section 161 of the Cr.P.C. and seized blood stained and simple soil. On the basis of memorandum of the appellants, the police seized one danda and lathi and sent the seized article to F.S.L. Bhopal and arrested the appellants on 21/05/2009. Thereafter, on completion of investigation, the police filed challan paper before the J.M.F.C. Betul under the aforesaid provision.

(3.) On committal of aforesaid case, the learned 1st Additional Sessions Judge, Betul in S.T. No. 169/2009 framed charges under Section 302 of I.P.C. against the appellants and accordingly held the appellants guilty under the aforesaid provisions and by judgment dated 22/02/2010 convicted and sentenced the appellants.