- (1.)THIS is an appeal by the accused Devisingh Kalota who has been convicted Under Section 304, IPC for causing death of one Kanha Kalota and sentenced to suffer rigorous imprisonment for a period of 10 years by the Sessions Judge Dewas.
(2.)THE prosecution case briefly stated is that the accused Devisingh and the deceased Kanha who were members of the same family were co-sharers in some mango trees which stood in a field belonging to the accused in the village Sumrakhedi. Both the accused and the deceased used to divide the fruit half and half. In May 1953 the accused began to assert his exclusive claim to the trees because they stood in the holdings recorded in his own name and sold the entire mango crop of that year to one Ram-chandra. On May 22, 1953 this said Ramchandra accompanied by about 8 or 10 labourers went to the trees to collect the fruit. The accused was also. present there at that time. The deceased Kanha on hearing of this also went to the trees along with his brothers Daryav and Vijaysingh and nephew Kashiram. He also took with him certain other parsons to act as panchas. On reaching the spot Kanha demanded his share of the mangoes or its equivalent in money. The panchas who had accompanied Kanha also tried to persuade the accused Devisingh to agree to share the fruit or the income of the trees but the accused remained adamant. The panchas apprehending further trouble and finding the parties were in no mood to listen to them but were bent on vindicating the rights by violence if necessary, left the place. An altercation soon followed wherein injury was caused to the deceased Kanha in his stomach by the accused with a spear and as a result of this wound, Kanha died on the same day in the hospital at Dewas at about 5 p. m.
(3.)FIRST information report was lodged the same day by P. W. Ganpat at the Police Station Dewas. The accused had also sustained injuries and was in the hospital at Sonkach. He was arrested on 26-5-1953 and after the necessary investigation by the Police Sonkach, the present prosecution was launched against him and he was convicted and sentenced as stated above.
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