BISLIYA ALIAS BISALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The aforesaid criminal appeals are arising out of judgment of conviction dated 10th January, 1998, passed by the 6th Additional Sessions Judge, Bilaspur in S.T. No.493/95 whereby learned 6th Additional Sessions Judge convicted each of the appellants under Sections 302, 148 and 323/149 of the IPC and sentenced them to undergo imprisonment for life, R.I. for 3 years and R.I. for 1 year respectively.

(2.) In Criminal Appeal No.249/1998, appellant No.3 Udhoram and appellant No.8 Jeevrakhan have died during the pendency of the appeal, therefore, the appeal in respect of aforesaid appellants stands abated.

(3.) In an incident which occurred at 1 pm on 7.8.94 near near Thakur Dev, Village Kaneri, deceased Jatau Satnami was murdered by the appellants. Merg intimation was lodged by PW-2 Gyandas. He also lodged FIR (Ex.P/1) at 7 pm on 7.8.94 itself alleging that when he was sitting in his betel shop at 2 pm, his father came to him and informed that quarrel has taken place at Satnami para. He had gone there and came to know that appellant No. 3 Udhoram and appellant No. 4 Ganeshram have murdered deceased Jatau Satnami by assaulting him by means of club. His father also informed him that Udho Satnami has confessed that they have killed the deceased. It is also stated in the FIR that at about 8 am in the morning Udho Satnami and Ganesh Satnami came to his betel shop and Ganesh Satnami informed his father that when they demanded contribution and 'Maadar' (one drum like local instrument), the deceased refused to contribute and handover the instrument and has also assaulted him by club. Ganesh Satnami was asking his father to accompany him for lodging an FIR against Jatau Satnami and because of this incident which occurred in the morning, Udho Satnami and Ganesh Satnami have murdered the deceased.