R.BANUMATHI,J. - (1.) This appeal arises out of the judgment of the High Court of Madhya Pradesh in Criminal Appeal No. 309 of 2007 in and by which the High Court has affirmed the conviction of the appellant under Section 302 IPC and also the life imprisonment imposed upon him.
(2.) The case of the prosecution is that on 19.08.2005 at about 10.00 p.m. the deceased-Bherulal was surrounded by the appellant- Bhagirath (armed with farsi) and other accused persons (since acquitted) viz. Mangu, Sangita Bai, Suma Bai and Ramkunwar. In the wordy quarrel between the deceased and the appellant-accused Bhagirath is said to have inflicted the farsi blow on the right side of skull near ear. When PW-6 (Ramchandra) tried to save the deceased, he also sustained injuries on his right hand. Further, case of the prosecution is that all other accused (since acquitted) also inflicted injuries on the deceased-Bherulal. On completion of investigation, the appellant-accused and other accused were charge-sheeted for the offence under Sections 148/325/302 read with 149 IPC.
(3.) Relying upon the evidence of injured eye witness (PW-6), the Trial Court has convicted the appellant-accused under Section 302 IPC and other accused under Section 302 read with Section 149 IPC and sentenced all of them to undergo life imprisonment. For the conviction under Section 325 read with Section 149 IPC, they were sentenced to undergo R.I. for one year.;