RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Ajit Pal @ Bobby, a 15-year-old lad, was killed brutally in the last week of July, 2013. A neighbour, Om Prakash Yadav, along with his brother, Raja Yadav, and son, Rajesh @ Rakesh Yadav, stood trial in Sessions Case No. 560 of 2013 for Ajit Pal's murder and connected offences. By judgment dtd. 29/12/2016 passed therein, the learned Additional Sessions Judge, Jabalpur, Madhya Pradesh, convicted all three of them on different counts. Om Prakash Yadav was held guilty under Sec. 364A read with Sec. 120B IPC while Raja Yadav and Rajesh Yadav were held guilty of offences under Sec. 302 IPC read with Sec. 120B IPC; Sec. 364A read with Sec. 120B IPC; and Sec. 201 IPC. Sentences were passed against the three of them on the same day. Om Prakash Yadav was sentenced to life imprisonment along with default imprisonment of two months, if he failed to pay a fine of Rs.2,000.00. Raja Yadav and Rajesh Yadav were sentenced to death for the offences under Ss. 302 and 364A IPC and to two months default imprisonment each, if they individually failed to pay the fine amounts of Rs.1,000.00 and Rs.1,000.00 respectively. Both of them were also sentenced to five years rigorous imprisonment and payment of fine of Rs.500.00 each in relation to the offence under Sec. 201 IPC coupled with one month's default imprisonment.

(2.) Aggrieved thereby, all three convicts appealed to the High Court of Madhya Pradesh. Their appeals were clubbed with 'In reference (CRRFC-1 of 2017)' received from the Sessions Court in the light of the death sentences. By judgment dtd. 10/8/2017 delivered in Criminal Appeal No. 83 of 2017, filed by Om Prakash Yadav, and Criminal Appeal No. 84 of 2017, filed by Rajesh Yadav and Raja Yadav, along with 'In reference (CRRFC-1 of 2017)', a Division Bench of the Madhya Pradesh High Court confirmed their conviction and sentences, including the death penalty visited upon Raja Yadav and Rajesh Yadav.

(3.) Assailing this verdict, the three convicts are before this Court by way of these appeals by special leave. Criminal Appeal No. 793 of 2022 was filed by Rajesh Yadav and Raja Yadav in the context of Criminal Appeal No. 84 of 2017, while Criminal Appeal No. 794 of 2022 was filed by them in relation to 'In reference (CRRFC-1 of 2017)'. Criminal Appeal No. 795 of 2017 was filed by Om Prakash Yadav against the dismissal of Criminal Appeal No. 83 of 2017.