STATE OF MADHYA PRADESH Vs. MISHRILAL

JUDGEMENT

(1.) This appeal by special leave is preferred by the State against the judgment of the High Court whereby and whereunder the sentences and conviction imposed by the trial Court have been set aside by allowing the appeal, preferred by the accused.

(2.) The accused Mishrilal S/o Balmukund Jaiswal, Madhusudan S/o Mishrilal, Jamunaprasad S/o Mishrilal, Radhakishan S/o Ganpat Kalal. Vinod Kumar S/o Babulal Kalal, Hukumchand S/o Shankerlal Kalal, Jagdish S/o Shankarlal Kalal, Rajendrakumar S/o Babulal Kalal and Ashok Kumar S/o Mishrilal Kalal were tried in Session Trial No. 73 of 1987 whereby the Second Addl. Sessions Judge, Devas convicted accused Ashok under Sections 362, 307 read with Sections 149 and 148, IPC and Section 25 of Arms Act; accused Jamunaprasad under Sections 307, 302 read with Sections 149 and 148, IPC and the remaining accused under Section 302 read with Sections 149, 307 read with Section 149 and Section 148 of the IPC and sentenced all the accused to pay a fine of Rs. 250/- each and in default to undergo imprisonment for one month under Section 148, IPC, sentenced accused Ashok to suffer imprisonment for life under Section 302, IPC and to pay a fine of Rs. 250/- and in default to suffer three months imprisonment and to suffer RI for five years under Section 307 read with Section 149, IPC and to suffer RI for three years and to pay a fine of Rs. 200/- and in default to suffer one month imprisonment under Section 25 of the Arms Act, sentenced accused Jamnaprasad to suffer RI for five years under Section 307 and imprisonment for life under Section 302 read with Section 149, IPC and to pay a fine of Rs. 250/- and in default to suffer three months imprisonment and sentenced remaining 7 accused to suffer imprisonment for life and to pay a fine of Rs. 250/- each and in default to suffer imprisonment for three months under Section 302 read with Section 149, IPC and to undergo RI for five years under Section 307 read with Section 149, IPC.

(3.) During the pendency of this appeal, accused Mishrilal has expired and therefore, the appeal qua him stands abated.