J U D G M E N T

Per: Justice Sushrut Arvind Dharmadhikari

The appellant has preferred instant appeal under Section 374(2) of Cr.P.C., 1973 being dissatisfied with the judgement dated 31/01/2011 passed by learned Sessions Judge, Umaria (M.P.) in S.T. No. 63/2009, whereby appellant has been found guilty for commission of offence punishable under Section 302 of the IPC and sentenced to undergo life imprisonment with fine of Rs.5,000/- and under Section 30 of the Arms Act and sentenced to undergo S.I. for 3 months with default stipulation. The sentences are directed to be run concurrently.

2. The facts of the case in brief are that the appellant was in Army service and came to his village on leave for a period of one month starting from 24/12/2008. The appellant-Ganga Prasad, Ramprasad and Ganesh Prasad (deceased) were three brothers residing separately, however, the courtyard was common for all. Indisputably, there was a property dispute amongst them. On 01/01/2009, at about 9:00 p.m., when Rajkumar (PW- 11) and deceased- Ganesh Prasad returned back to their home after attending the dinner organized by one Shyamlal Prajapati, the appellant started hurling filthy language on their family