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2001 Supreme(SC) 375

K.G.BALAKRISHNAN, UMESH C.BANERJEE
Ramashraya – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

K.G. Balakrishnan, J.-The appellants herein challenge their conviction and sentence under Section 302 IPC read with Section 34 IPC. They were tried by the Fourth Addl. Sessions Judge, Raipur, alleging that they caused the death of one Ajeet. The prosecution case was that on 19.12.1987 when the deceased Ajeet and his son, Laljee, were doing some work in their paddy field, the appellants came there in their bullock cart. Deceased Ajeet was grazing his buffaloes near his field and a little away, his son Laljee, was collecting bundles of paddy. It seems that the appellants wanted to drive their bullock cart through the Tewda field of the deceased. Deceased Ajeet, objected to this and there ensued a quarrel between Ajeet and the appellants. Appellant Kripa Ram tried to hit the deceased on his head but the blow fell on the shoulder of the deceased. Seeing this, Laljee came near the deceased to save him, but Ajeet shouted, "Run away son, they are waiting for you, do not come this way". According to the prosecution, both the appellant inflicted severe injuries on the deceased Ajeet and he fell down on the ground. Seeing the altercation and beating being given to his father, Laljee























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