UJYAR SINGH Vs. THE STATE OF MADHYA PRADESH
LAWS(MPH)-2018-3-244
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Decided on March 21,2018

Ujyar Singh Appellant
VERSUS
The State of Madhya Pradesh Respondents

JUDGEMENT

NANDITA DUBEY,J. - (1.) This appeal has been filed by the appellants, being aggrieved by the judgment dated 22.10.2007, passed by Sessions Judge, Damoh in S.T. No. 147/2002, whereby all appellants have been found guilty for the offence punishable under Sections 302 / 149 , 148 and 324 / 149 of the Indian Penal Code and have been sentenced to imprisonment for life and fine of Rs.2,000/-, under Section 302 / 149 of the I.P.C. with a stipulation for four months rigorous imprisonment in case of default, rigorous imprisonment of 3 years and fine of Rs.1,000/- under Section 148 of the I.P.C. with a stipulation for 2 months rigorous imprisonment in case of default, rigorous imprisonment for 3 years and fine of Rs.1,000/- under Section 324 / 149 of the I.P.C. with a stipulation for 2 months rigorous imprisonment in case of default. Appellant Nos. 3 to 5 have been further found guilty for the offence punishable under Sections 25 and 27 of the Arms Act and have been sentenced to rigorous imprisonment for 1 year and fine of Rs.1,000/- under Section 25 of the Arms Act with a stipulation for 2 months rigorous imprisonment in case of default and rigorous imprisonment for 3 years and fine of Rs.1,000/- under Section 27 of the Arms Act with a stipulation for 2 months rigorous imprisonment in case of default.
(2.) The prosecution story, in brief, is that, on 03.03.2002 at 5.00 P.M., the accused persons armed with deadly weapons formed an unlawful assembly with common object to commit the murder of deceased Kamal and to cause grievous hurt to Sudama on account of previous enmity due to the land dispute. In pursuance of their common object, they assaulted Kamal with axe, katarna, farsa, ballam and lathi, which resulted in his death.
(3.) As per prosecution, Gulabrani had no sons, so she gave her 9 acres of land to one of her daughters Kashibai, wife of appellant No.1, Ujyar Singh. Due to this, her other two daughters, Imrati and Rati Bai, raised a dispute and asked for their share. It is alleged that deceased Kamal, who was the nephew of late husband of Gulab bai supported the case of Imrati and Ratibai and on account of the fact, enmity ensued between appellant No.1 Ujyar Singh and Kamal.;


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