Decided on January 11,2018

Prabhu Lal, S/O Nawal Singh Appellant
State Of Madhya Pradesh Through P S Salamatpur Respondents


Anurag Shrivastava, J. - (1.) Appellants have filed this appeal under Section 374(2) of Cr.P.C., against the judgment dated 16.07.2009 passed by First Additional Sessions Judge, Raisen (M.P.) in Sessions Trial No.18/2009. Appellants were prosecuted for commission of offences punishable under Section 148 of IPC and awarded R.I. for one year (each) and under Section 302/149 of IPC and awarded R.I. for life with fine of Rs. 1000/- (each) in default of payment of fine R.I. for 3 months.
(2.) Prosecution story in brief is that the appellants and deceased Halke Ram are neighbours and resident of village Silwaha. Appellant Prabhu Lal and Kapoori Bai are husband and wife and other appellants Babu Lal and Bhaiya Lal are their sons. Wife of deceased Halke Ram had expired 10 years ago and he was living with his children. Halke Ram was having illicit relationship with Kapoori Bai and she ran away with Halke Ram about two months prior to the incident and lived with him. Thereafter, Kapoori Bai returned home about 3 - 4 days prior to the incident. Due to illicit relationship between Kapoori Bai and Halke Ram the relation between appellants and Halke Ram became strained and inimical. On 15.12.2008 at about 10:30 am in the morning Hakle Ram was standing in front of his house than, appellants and Ku. Bulla, the daughter of Prabhu Lal armed with axe and lathi came there and started beating him. They caused fatal injuries to Halke Ram by inflicting blows of lathi and axe on his head and legs and other parts of the body. Seeing the incident Ku. Laxmi the daughter of the deceased, went to the tubewell of witness Sheikh Wahid and informed him about the incident. Sheikh Wahid rushed to the spot and witnessed the incident, meanwhile other witness Ibrahim Khan also arrived there. After beating the deceased, appellants ran away. The information of the incident was given at Police Station Salamatpur by telephone. Balveer Singh, SHO, Salamatpur visited village Silwaha and on information of Sheikh Wahid, recorded Dehati Nalashi (Ex.P/20) and Dehati Marg intimation (Ex.P/24) and conducted the inquest. The spot map (Ex.P/5) was prepared and plain earth and red earth was seized from the spot. During investigation an axe was seized at the instance of Bhaiya Lal. Similarly, the lathies were recovered and seized on the basis of memorandum statements of other appellants. The statements of witnesses were recorded and after usual investigation the charge sheet has been filed against the present appellants before the Court. One of the accused Ku. Bulla was juvenile and the charge-sheet against her was submitted before Juvenile Court.
(3.) The trial Court has framed the charge of offence punishable under Sections 147, 148, 302/149 IPC against the appellants. They abjured guilt and pleaded innocence. The prosecution has examined nine witnesses whereas the appellants have given no evidence in their defense.;

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