MANGILAL Vs. STATE OF MP
LAWS(MPH)-2018-8-445
HIGH COURT OF MADHYA PRADESH
Decided on August 20,2018

MANGILAL Appellant
VERSUS
STATE OF MP Respondents

JUDGEMENT

PRAKASH SHRIVASTAVA,J. - (1.)The appellant being aggrieved with the judgment dated 17/6/2010 passed by Additional Sessions Judge Manasa District Neemuch in Sessions Trial No. 50 of 2007 convicting the appellant for offence under Section 302 of IPC and sentencing him for life imprisonment with fine of Rs. 5000 and default imprisonment of five month's RI on failure to pay the fine, has filed the present appeal under section 374 of Cr.P.C., 1973 The trial had taken place against 8 persons but trial court has acquitted other accused persons and only conviction of appellant has taken place.
(2.)The appellant has been convicted for causing murder of Raju @ Radheshyam.
(3.)The prosecution case is that Fateh Singh the uncle-in-law (Mama Sasur) of the complainant Lalitabai wanted to sell his house to appellant Mangilal but deceased Raju had stopped him saying that his maternal grand-mother will have no place to live and on this issue on 2/6/2007 at 10: 00 pm when Raju was coming from shop, the appellant came and asked him as to why he was creating obstruction in his work and arguments started when appellant gave the blow on the jaw of Raju with axe he was carrying, as a result of which Raju fell down and another blow on the right hand was given. It was also alleged that other co-accused persons carrying stick had beaten Raju On seeing this complainant Lalitabai had shouted for help and her uncle Kedar came out to save Raju but he was chased away by accused persons. It was also alleged that Sohanbai an Gangabai had also caused injury to Raju by means of stone and accused persons had run away from the spot and Raju had died sometime after the incident. A report of the incident was made to Police Station Rampura on the basis of which crime No. 81/2007 under section 302/34 IPC was registered and the investigation took place and challan was filed against appellant and other co-accused persons. The accused persons had abjured the guilt, hence the trial took place resulting into conviction of only the appellant for offence under section 302 of IPC and acquittal of other co accused persons.


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