SIPAHIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CRIMINAL Appeal No. 1299/98 filed by Sipahiya and Criminal Appeal No. 872/98 filed by Ghasi Paswan are being disposed of by this common judgment, as both these appeals are arising out of the same incident and the same judgment.

(2.) THE accused/appellants have preferred these appeals questioning legality and correctness of the judgment of conviction and order of sentence dated 9 -3 -98 passed by the Additional Sessions Judge, Korba, in Sessions Trial No. 46/96, whereby learned Additional Sessions Judge after holding accused/appellant Sipahiya guilty for commission of offence under Section 302 of the IPC and accused Ghasi Paswan under Section 302 read with Section 34 of the IPC, sentenced each of the accused to undergo imprisonment for life.

(3.) THE case of the prosecution, in brief, is that there was a shop of snacks of complainant Lalan Gupta (P.W. 1) near the country made liquor shop in Balco Nagar. His younger brother Chatanki and Banarsi were also having snacks shop near the country made liquor shop. On 15 -11 -95 at 8.30 p.m. when the complainant was serving snacks to the customers, he heard the shout of Uma Shankar Gupta who was also having a snacks shop near the shop of Chatanki. Uma Shankar shouted saying that accused Sipahiya and his brother -in -law Ghasi are attacking Chatanki. Hearing the shout of Uma Shankar, Lalan Gupta rushed towards that side and saw that accused Sipahiya after throwing down his brother Chatanki sat on his brother and was saying that he will kill Chatanki, and stabbed Chatanki with knife 3 -4 times on which Lalan Gupta tried to intervene in order to save his brother. In the meantime, Ghasi, brother -in -law of Sipahiya, who was standing there with lathi, assaulted Lalan Gupta with lathi and said, "you leave Sipahiya" on which Lalan Gupta left Sipahiya and thereafter, Sipahiya and Ghasi ran away towards the forest.