MANOJ KUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These criminal appeals, by special leave, assail the common judgment and order dtd. 12/10/2022 of the High Court of Madhya Pradesh, Bench at Jabalpur ("High Court", hereafter) whereby Criminal Appeal No. 10474 of 2019 and Criminal Appeal No. 10549 of 2019 [appeals under Sec. 374(2) of the Criminal Procedure Code ("Cr. PC", hereafter)] carried by Manoj Kumar Soni ("Manoj", hereafter) and Kallu @ Habib ("Kallu", hereafter), respectively, were dismissed. While Manoj assailed his conviction for the offence punishable under Sec. 411 of the Indian Penal Code, 1860 ("IPC", hereafter) and sentence of rigorous imprisonment of three years with a fine of Rs.5,000.00 and a default sentence of three months, Kallu assailed his conviction for the offence punishable under Sec. 120B, IPC and sentence of rigorous imprisonment of ten years with a fine of Rs.5,000.00 and a default sentence of three months.

(2.) In all, five accused persons were convicted and sentenced for different offences punishable under the IPC vide the common judgment of the Additional Sessions Judge ("Trial Court", hereafter) dtd. 28/11/2019. The aforesaid judgment having been confirmed by the High Court, all the accused persons preferred Special Leave Petitions ("SLPs", hereafter) before this Court challenging the common judgment dtd. 12/10/2022. The SLPs of the three accused, namely, Suleman, Arif and Jaihind, were dismissed and the judgment and order of the High Court affirming their conviction and sentence left undisturbed. However, notice was issued on the SLPs preferred by the remaining two accused, Manoj and Kallu, on 6/4/2023 and 11/4/2023, respectively.

(3.) These two appeals were heard on different dates. However, a common judgment being under assail, this Court proposes to dispose of both these appeals vide this common judgment.