SONU @ SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was tried with 4 others and was convicted under Sections 394, 460 and 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as, 'the IPC' , for short) . He was also found guilty of offences under Sections 11 and 13 of the Madhya Pradesh Dakaiti Avam Vyapharan Adhiniyam, 1981 (hereinafter referred to as, ^Madhya Pradesh Adhiniyam'). The appellant was, in fact, sentenced to death for the offence under Section 302 read with Section 34 of the IPC along with two other accused apart from a fine of Rs. 5000/-. He was sentenced to10 years Rigorous Imprisonment in regard to the offence under Section 460 of the IPC. He was also handed down a sentence of 10 years for the offence under Section 394 read with Section 34 of the IPC. Still further, he was also sentenced to 7 years for the offence under Sections 11 and 13 of the Madhya Pradesh Adhiniyam. By the impugned judgment, the High Court answered the death reference by holding that in the circumstances, the death penalty was not warranted. In place of death penalty, the High Court sentenced the appellant and two other accused to life imprisonment and enhanced the fine to Rs. 25,000/-. The appeal filed by the appellant was dismissed otherwise. The prosecution case, in brief, appears to be as follows:

(2.) PW1 to PW15 were examined as prosecution witnesses. Material objects were also produced. The following are the questions, which were framed by the Trial Court:

(3.) The Trial Court found that it was a case entirely based on circumstantial evidence. It noticed that the deceased had suffered the following injuries: