NATHUWA @ VISHWANATH AND OTHERS Vs. STATE

JUDGEMENT

(1.) All the appeals arise out of the same Sessions Trial and have been decided by a common judgment and as such they have been heard together and are being decided by this common judgment.

(2.) Jail appeal No. 5637 of 2007 has been filed by the appellant Nathuwa against the judgment and order dated 6.2.2001/14.2.2001 passed by IInd Additional Sessions Judge, Chitrakoot in S.T. No. 36 of 1998 (State v. Nathuwa alias Vishwanath and others) arising out of crime no. 24 of 1998 , Police Station Mau, district Chitrakoot whereby appellant Nathuwa has been convicted and sentenced for the offence under Section 302 IPC for life imprisonment and fine of Rs. 10,000/- has also been imposed. In the event of non payment of fine appellant Nathuwa has been directed to undergo rigorous imprisonment for a period of six months. Connected Criminal Appeal No. 423 of 2001 and 522 of 2001 have been filed by appellants Birbal and Dhunuwa respectively by which they have been convicted and sentenced under Section 302/34 IPC and directed to undergo imprisonment for life and fine of Rs. 10,000/- each has also been imposed. In the event of non payment of fine both the said appellants i.e. Birbal and Dhunuwa have been directed to further undergo rigorous imprisonment for a period of six months.

(3.) Prosecution story as unfolded in the first information report (hereinafter referred to as F.I.R.), in nutshell, are as under :