BHAGCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has approached this Court, being aggrieved by the judgment and order dated 19/12/2017, passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 1684 of 2017, thereby dismissing the appeal preferred by the appellant challenging the judgment and order passed by the Second Additional Sessions Judge (hereinafter referred to as the "trial judge") dated 4/4/2017, vide which the appellant was convicted for the offences punishable under Sec. 302 read with Sec. 201 and Sec. 506-B of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"). The trial judge had awarded death sentence to the appellant for the offences punishable under Sec. 302 of the IPC (3 counts) and 7 years' rigorous imprisonment each for the offences punishable under Ss. 201 and 506-B of the IPC respectively. The trial judge has also made a reference being CRRFC No. 03 of 2017 to the High Court under Sec. 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for confirmation of death penalty. Vide impugned judgment and order, the High Court confirmed the death penalty.

(2.) The prosecution story in brief, is thus:

(3.) Deceased Devki Prasad resided in village Pur along with his brother deceased Thakur Das, his wife PW-1-Kiran Patel, daughter PW-2-Urmila, sons PW-3-Kamlesh, deceased Akhilesh, and Kisiyabai, mother of the appellant.