PILLU ALIAS PRAHLAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by Additional Sessions Judge, Narsinghpur in S.T. No. 26/2000, decided on 16-4-2001.

(2.) Appellants have been convicted under Section 302/34 of IPC for committing murder of Sanju @ Sanjay and sentenced to life imprisonment with fine of Rs. 3,000/- each, in default Rigorous Imprisonment for six months, by the impugned judgment.

(3.) As per prosecution case, on 29-9-99 about 10 o'clock at night at Gotegaon when complainant Shankar was standing on the betel shop of deceased Sanjay Jain (hereinafter referred to as 'deceased'), appellants Pillu @ Prahlad and Guddu @ Rajesh came there and asked the deceased not to give evidence in Court in fan case. When deceased declined to do so, appellants began hurling abuses. On oppugnation, appellant Guddu @ Rajesh pulled deceased Sanju out of his betel shop by holding his collar, threw him on the ground and exhorted to kill him. Then appellant Pillu @ Prahlad began assaulting him by means of scissors. Both the appellants were telling that they will not leave him alive. It is alleged that co-accused Govind was also exhorting them to kill the deceased. Complainant Shankar tried to intervene, but appellant Guddu @ Rajesh gave him a blow by tube light causing injuries in his right hand. Deceased was rushed to the hospital in injured state, but he succumbed to his injuries.