MATHURA PRASHAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - These two appellants, namely, Mathura Prashad and Binda Prashad have preferred this appeal questioning the correctness and legality of the judgment rendered in Criminal Appeal No. 498 / 77 by the High Court of Madhya Pradesh at Jabalpur Bench. These two appellants (A4 and AS before the trial Court) along with three others, namely, Gulab Chand and Gulab Singh and Laxman Rao (who were arrayed as accused Nos. 1 to 3) took their trial on the accusation that on the night intervening 5/6-12-75 at about 12.30 a.m. at Sarkanda, Bilaspur within the limits of Bilaspur Police Station, Civil Lines intentionally caused the death of the deceased, Keshav Singh by Gulab Singh stabbing the deceased with a knife and the rest of the people assaulting him and that in the course of the same transaction, they also committed the offence of dacoity. Under the above accusation, they were tried for offences punishable u/ S. 302, I.P.C. in the alternative u/ S. 302, I.P.C. read with 149, I.P. C. and also for offence u/ S. 396, I.P.C. The trial Court found the third accused, namely, Laxman Rao not guilty of any of the charges and consequently, acquitted him but convicted these two appellants, and accused Nos. 1 and 2 who are not before us u/S. 302 read with S. 34, I.P.C. and sentenced each of them to undergo imprisonment for life. However, the trial Court acquitted the appellants and the other two accused of the offence u /S. 396, I. P. C.

(2.) On being aggrieved by the judgment of the trial Court, the convicted accused namely, these two appellants, Gulab Chand and Gulab Singh filed an appeal before the High Court which for the reasons mentioned in its judgment, dismissed the appeal confirming the conviction recorded by the trial Court. Challenging this judgment, these two appellants filed their SLP No. 1902/79 and the other two convicted accused, namely, Gulab Chand and Gulab Singh (A I and A2) filed a separate petition in SLP (Crl.) No. 1435/79. This Court by an order dated 29-10-79 granted leave so far as SLP filed by these two appellants, but dismissed the SLP filed by the first and the second accused namely, Gulab Chand and Gulab Singh. Hence, the present appeal by these two appellants.

(3.) The facts of the case 'which led to the filing of this appeal are well set out in the judgments of the trial Court and the High Court and hence we think that it is not necessary for us to proliferate the same except to refer to certain salient features relevant for the disposal of this appeal.