YUDHISTHIR PRASAD PRAJAPATI Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: JABALPUR)
Yudhisthir Prasad Prajapati
STATE OF MADHYA PRADESH
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ANJULI PALO,J. -
(1.) This appeal has been filed by the accused persons under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 20.12.2004 passed by 3rd Additional Sessions Judge (Fast Track), Sidhi in S.T. No.118/2004, whereby the appellants were convicted for offence punishable under Section 302 of the IPC and sentenced for life imprisonment along with fine of Rs.200/- each along with default sentence.
(2.) The prosecution case, in brief is that, there was land dispute between the appellants and Kallu (since deceased). Due to which, the appellants caused his death by assaulting him. Earlier the incident, the deceased (Kallu) was abusing the appellants in front of their house, therefore, they assaulted him with bamboo stick and Balua. The incident witnessed by Ram Bhuwan (PW-7) and Brahaspatilal (PW-8) then it was informed to Shiv Dayal (PW-14) brother of the deceased. Shiv Dayal and other persons reached to the spot. They saw that Kallu sustained fatal injuries on his head. The appellants amputated his both the legs. FIR was lodged by Shiv Dayal at Police Station Sarai, District Sidhi, which was far away from the spot. The police registered the case for the offence under Section 302 of the IPC against the appellants. After due investigation, charge sheet was filed before the concerned Court.
(3.) After committal of the case, the trial Court framed the charge under Section 302 of the IPC against both the appellants. The appellants abjured their guilt. They have stated that they were innocent and falsely implicated by the police.;
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