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2012 Supreme(MP) 116

RAKESH SAKSENA, N.K.GUPTA
Buddhu Pal – Appellant
Versus
State of Madhya Pradesh – Respondent


JUDGMENT

N. K. GUPTA, J.

Being aggrieved with the judgment dated 30-9-2008 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it is mentioned as the Act), Damoh, by which both the appellants were convicted for offence punishable under Section 302 read with section 34 of IPC and sentenced for life imprisonment with fine of Rs. 2,000/-. In default of payment of fine an additional imprisonment of six months, for each of them.

2. Prosecutions case, in short, is that, on 13-4-2007 at about 6.00 p.m., the complainant Indrani (P.W.1) was working with her husband Kaluram (the deceased) in making a stake of raw bricks on the land of one Malthu at village Deori, Police Station Tendukheda, District Damoh. Witness Nanhi Bai was also helping the complainant. Appellants Buddhu and Bhurru arrived at the spot having stick and farsa respectively and directed the deceased Kaluram not to make Bhatta on that place. The complainant told them that the land belongs to her and therefore, they could not interfere. However, appellants started assaulting the deceased Kaluram by farsa and sticks. The appellant Bhurru gave three strokes of farsa on head of deceased Kaluram, wher




























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