DEVNARAYAN S/O GHEESALAL Vs. STATE OF M P
LAWS(MPH)-2018-3-324
HIGH COURT OF MADHYA PRADESH
Decided on March 01,2018

Devnarayan S/O Gheesalal Appellant
VERSUS
STATE OF M P Respondents

JUDGEMENT

Virender Singh, J. - (1.)The appellant has preferred this appeal against judgment and order dated 20/05/2010 passed in Sessions Trial No.137/2009 by Additional Sessions Judge, Narsinghgarh, District-Rajgarh, whereby the learned trial Court has convicted the appellant for the offence under Section 302 IPC and has awarded life imprisonment with fine of Rs.5000/-, in default of payment of fine, further to undergo 2 years R.I.
(2.)Co-Accused Sanju was minor at the time of the incident, therefore, he is charge-sheeted before the Juvenile Court.
(3.)Background facts relevant to the present appeal are that in the night of 21.01.2009 at about 11-12 p.m., Dilip and Rajesh sleeping in their house. Their father Bapulal (deceased) and mother came back home after attending discourse at the village temple. At that time, the appellant, who was drunk, was hurling abuses. He was annoyed as to why they have parked their bull cart obstructing his passage. He was threatening the deceased by pointing gun on him. Rekhabai informed her brothers Dilip and Rajesh, who immediately came out and saw the appellant pointing gun on their parents and threatening them. They tried to convince him stating that they are not at fault as they had not parked their bull-cart obstructing his way and he may take action against the person who had parked the bull cart on his way; but he was not convinced and continued to abuse them. He was saying that due to grudges against him, they have instigated to others to obstruct his way by parking their bull-cart and threatened they that though they have escaped today but he will see them in the morning and kill them. Dilip informed the incident at Police Chowki -Bonda by filing a written complaint.


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