BARELAL SAHU Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Barelal has been convicted under Section 304 (Part-II), IPC and sentenced to rigorous imprisonment for ten years.

(2.) THE bone of contention is a house in village Kunwarpura. Kallu was owner of this house. He died on 21-4-1990, Dhania is his widow and Jaikunwar is his daughter. They are entitled to inherit this house. Deceased Lallu was son of Jaikunwar. Appellant Barelal is brother of Kallu. He claimed that Kallu before his death had executed a Will in respect of this house in favour of Ramesh son of Barelal. After the death of Kallu this house was locked. In the incident which took place on 13-6-1990 Lallu died. He was shot dead by appellant Barelal. There were injuries on the persons of both the sides. Sumer is father of the deceased. He sustained two incised wounds on his head. Brijkishore is brother of the deceased. There were three minor injuries on his body. On the other hand Barelal had five injuries including an incised wound on his head. His son Ashok also had five injuries out of which one was lacerated wound on his head. Mahesh is also son of Barelal and he had two minor injuries.

(3.) THE prosecution case is that after the death of Kallu the house in dispute was in possession of his heirs and his daughter Jaikunwar had put a lock on it as she lives in Bijour, a nearby village. Barelal has no right or title in the house of his brother Kallu. He put another lock on this house. This came to the knowledge of Brijkishore a day before the incident. On 13-6-1990 Jaikunwar, her husband Sumer and their two sons Lallu and Brijkishore came to village Kunwarpura in a bullock-cart. They asked Barelal to give them the key of the lock which he had put on this house. He refused to give the key. Sumer started opening the lock without the key. Then the fight ensued. Barelal and his sons attacked Sumer and his sons. Sumer sustained head injury by an axe. Lallu came to the rescue of his father Sumer and then Barelal opened fire from his gun resulting in the death of Lallu on the spot.