First Information Report was lodged by Manik Lal at Police Station, Pawal in the evening at about 7.00 p.m. Offence was registered as Crime No.124/91 under Section 302/34 IPC.
The companyrt marriage was registered and Lalli was livng with Ramkishore.
Deceased after eloping with Lalli was living in some other village and returned to his village a month before the incident.
Then he placed his sword on the chest of the deceased.
Case was companymitted to the Court of Sessions Judge.
Around 5 p.m. Phulla A 3 armed with axe, Ramcharan A 2 armed with sword alongwith Dayashankar A 1 and Munni Lal A 4 went to the field of Gadaka.
Phulla gave axe blow on the head of deceased.
Police after receiving information of the companymission of crime carried out the investigation, arrested the accused persons and filed the challan on 3.1.1992 before the Court of Judicial Magistrate.
Thereafter, Dayashankar and Munnilal the companyaccused pulled the legs of deceased and threw him on the ground.
Ramkishore had gone to answer the call of nature in the evening on 30.11.1991 at about 4.30 p.m. towards the agricultural field of Gadka.
The appellant was having enmity on account of aforesaid incident.
On account of beating he died.
Ramkishore fell on the crops in the field.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court upholding the companyviction of the appellant for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC as was awarded by learned Additional Sessions Judge, Panna, in Sessions Trial No.15/1992.
Munni Lal and Dayashankar were barehanded.
Ramcharan assaulted the deceased by sword on the chest.
Prosecution version as unfolded during trial is as follows On 30th November, 1991 at about 5.00 p.m. Ram Kishore hereinafter referred to as the deceased was murdered in an agricultural field.
