BIJELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) At the beginning of the argument, Learned Counsel appearing for the Appellants, presenting an attested copy of death certificate of Appellant No.1, Bijelal, submitted that Appellant Bijelal has died during pendency of this appeal on 24.1.2013 and, therefore, his appeal may be abated. Learned Counsel appearing for the State/Respondent does not oppose the submission. The instant appeal, so far as it relates to Appellant Bijelal, is abated. Copy of the death certificate be made part of the record of this appeal.

(2.) The appeal has been preferred against the judgment dated 28.7.2000 passed by the Additional Sessions Judge, Balod, District Durg in Sessions Trial No.45 of 2000 convicting and sentencing the accused/Appellants as under:

(3.) Facts of the case, in brief, are that on 22.1.1995, Lakhanlal (PW4) was returning along with his son Dilip (PW5) from the market. When they reached near Jaistambh, the accused came there with lathi and assaulted them. When Bhagwat (PW7) reached there behind them, they assaulted him also. The incident was witnessed by Santosh, Mansadas and other persons. Lakhanlal lodged First Information Report (Ex.P5) on the same day. Injured Lakhanlal, Dilip and Bhagwat were examined by Dr. B.R. Kosariya (PW8), who gave his report Ex.P7 in respect of Lakhanlal, Ex.P8 in respect of Dilip and Ex.P9 in respect of Bhagwat. 1 lathi from Hira Singh vide Ex.P1, 1 lathi from Bijelal vide Ex.P3 and 1 lathi from Yadoram vide Ex.P4 were seized. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the accused under Sections 294, 506B, 325 and 307 of the Indian Penal Code. Charges were framed against them under Section 307 read with Section 34 of the Indian Penal Code in three counts.