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1994 Supreme(MP) 904

P.N.S.CHOUHAN, D.K.JAIN
Laxman – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.R. Nema for appellant; Dilip Naik, Deputy Advocate General for State.

JUDGMENT

P.N.S. Chouhan, J. -- 1. The appellants challenge their convictions u/Ss. 147 and 302 read with section 149 I.P.C. and sentences of six months R.I. on the first charge and imprisonment for life on the charge of murder awarded vide judgment dated 10.9.87 passed in S.T. No; 134/86 of Balaghat Sessions Division.

2. The appellants as also deceased Bhaddu were residing in village Dokerbandi about 10 Kms. from Police Station, Lalbarra. Appellant Laxman had purchased a she-buffalo from the deceased. Part of the money was not paid at the time of the sale. Mehtar (PW-1), son of deceased Bhaddu, had requested Laxman to pay the balance amount. This appears to have annoyed Laxman. On 11.8.86 the appellants assaulted Bhaddu in his own house. The matter was reported to the police. This incident further aggravated their enmity. The deceased was threatened and was warned that he will not be able to celebrate Po/a. On the date of incident, i.e., 24.8.86, Bhaddu took out his she-buffalo for grazing early in the morning. It is alleged that the appellants followed him at a distance and then surrounded and fatally assaulted him at the place where he was grazing his she-buffalo. Though this ass


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