KEDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave against the judgment dated 5/12/1974, of the High court of Madhya Pradesh upholding the conviction of the three appellants recorded by the Sessions Judge, Bhind, on 8/08/1974, of an offence under S. 302, or, in the alternative, under that S. read with S. 34, of the Indian Penal Code and other offences, the maximum sentence awarded to each being imprisonment for life.

(2.) The learned Sessions Judge tried the three appellants, namely, kedar, Dhanlal and Gajraj, along with one Jasram. The three appellants were sentenced to death by him for committing the murder of Chhotelal, advocate, a resident of village Kanhari. Kedar and Gajraj appellants were also held guilty of an offence under S. 307 of the Indian Penal Code and each one of them was awarded the sentence of rigorous imprisonment for seven years in that behalf. Dhanlal appellant was acquitted of the charge under S. 307 read with S. 34 of the Indian Penal Code but was sentenced to seven years' rigorous imprisonment for the commission of an offence under S. 394 thereof. Jasram accused was acquitted of all the charges except those under S. 411 of the Indian Penal Code and section 25-A of the Arms Act, the sentence awarded to him being rigorous imprisonment for three years on each count.

(3.) Various appeals were filed by the convicts against the judgment of the learned Sessions Judge who also made a reference to the High court for confirmation of the sentences of death. The reference was rejected and the sentences of death were converted into those of imprisonment for life. The conviction of Kedar and Dhanlal appellants under S. 307 of the indian Penal Code was set aside along with the sentences imposed in that connection. The sentences of imprisonment passed on each of the convicts were directed to rim concurrently. For the rest, the appeals to the High court failed and that is the reason for the appeal before us to which Jasram accused is not a party.