BHURE SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appeal is of the year 2003. Since no one appeared on behalf of the appellants, hence, Shri Ajay Tamrakar, Advocate, who is Panel Lawyer of Legal Service committee, is appointed as amicus-curie to assist the Court. With the assistance of Shri Ajay Tamrakar, Advocate appeal is heard finally.

(2.) Appellants have filed this appeal against the judgment dated 27/01/2003 passed in Sessions Trial No. 334/2000. Both the appellants were prosecuted for commission of offence punishable under Section 302/34 of IPC. The trial court held appellants guilty for commission of offence punishable under Sections 302/34 of IPC and awarded sentence for life and fine amount of Rs. 2,000/- each.

(3.) Prosecution story in brief is that on 16/08/2000 appellant Bhrue Singh had been grazing his ox in the field of deceased Santu. Deceased prevented the appellant from aforesaid act, thereafter quarrel had taken place between appellant and the deceased. Appellant had beaten the deceased by lathi. Wife of the appellant inflicted injuries by axe and his son Kamchhilal inflicted injuries to Santu by stone. Deceased Santu received injuries on his body. Deceased was died at around 5 O'clock in the evening thereafter, Ramprasad reached on the spot, he lodged report Ex. P/1 at Police Chouki- Dungariya Police Station Gunnardev. The police conducted investigation and filed charge-sheet. Appellants abjured their guilt during trial and pleaded innocence.