RATIRAM Vs. STATE OF M P

JUDGEMENT

(1.) In Sessions Trial No. 67/96 the four persons were tried for the offences under Sections 294, 307, 341, 323/34, 302 and 302/34. Fourth Additional Sessions Judge, Gwalior vide judgment dated 21-9-1999 acquitted the three accused persons and convicted appellant Ratiram for the offence under Section 302 of IPC and sentenced him to life imprisonment and fine of Rs. 2,000/-, in default of payment of fine further one year rigorous imprisonment. Being aggrieved with the aforesaid judgment, the appellant has preferred this appeal.

(2.) According to the prosecution story, on 26-9-1995 at about 10-11 a.m. in the morning at village Bhelakala under Thana Bijoli District Gwalior one Tularam was construcing platform (Chabutara). At that time Gaya Prasad s/o Maniram came and stopped him and said that the land on which he is constructing platform belongs to him. On this, there was a quarrel between Gaya Prasad and Tularam. Layakram came on spot and tried to pacify the matter. After one hour Maniram came back from forest and started abusing. When he was abusing Ratiram came on spot carrying Lathi in his hand. He had also started abusing. Ladobai came in between. Ratiram inflicted two Lathi blows behind the neck of Ladobai and two Lathi blows on the back and she sustained injuries. Ratiram pushed Ladobai and she fell down. Layakram and Keshav both were present at the place of occurrence, who had seen the incident. Ladobai along with Layakram went to police station Bijori where she lodged FIR. On the basis of her report crime was registered under Sections 307, 341, 294 and 323/34 of IPC. In the incident Narayanibai also received injuries. She was also referred for medical examination and during treatment Ladobai died. Thereafter, Sections 302 of IPC was added in the crime. Matter was investigated and charge-sheet was filed. During trial appellant abjured his guilt and his defence was that due to family dispute between the parties he has been falsely implicated and he is quite innocent. Witness Dr. Virendra Kumar (D.W. 1) was examined in defence. The trial Court after considering the evidence on record acquitted three accused persons and convicted the appellant Ratiram against which he has preferred this appeal.

(3.) We have heard Shri A. K. Barua, learned Sr. counsel for the appellant and Shri M. P. S. Bhadoriya, learned Public Prosecutor for the respondent/State and perused the evidence and findings on record.