MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants (Mukesh s/o Jankilal Balai, Badrilal s/o Rodaji Balai and Mukesh s/o Dulaji Balai) have preferred these criminal appeals under Section 374 of the Code of Criminal Procedure, 1973 being aggrieved by judgment dated 5th January, 2013 passed by Additional Sessions Judge, Agar, District Shajapur (MP) in Sessions Trial No.179/2011, whereby they have been convicted for offence punishable under Section 302 read with Section 34 , Section 341 read with Section 34 of the Indian Penal Code , 1860 and each of them has been sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/- and one month simple imprisonment respectively. Appellant Badrilal has also been convicted under Section 323 of the Indian Penal Code , 1860 and has been sentenced to undergo six month rigorous imprisonment. In case of default in payment of fine amount, each of them has been sentenced to further undergo two months simple imprisonment.

(2.) Appellant Mukesh s/o Jankilal Balai has filed Criminal Appeal No.89/2013, appellant Badrilal s/o Rodaji Balai has filed Criminal Appeal No.95/2013 and appellant Mukesh s/o Dulaji Balai has filed Crimi nal Appeal No.128/2013 against the conviction and sentence awarded to them by the trial Court, as mentioned above. Since criminal appeals are arising out of the same impugned judgment, therefore, they are being disposed of by this common judgment.

(3.) The prosecution story, in short, is that on 29.05.2011 marriage ceremony of Ritu, daughter of Narayan was going on in which, co-accused Badrilal and son-in-law of Narayan had gathered. In the marriage ceremony, co-accused persons Mukesh s/o Dula and Mukesh s/o Janki were also present. It is alleged that Complainant Umrao and deceased Shyamlal were taking meal in the feast. Mukesh s/o Dula was serving Puree (iqMh) in the feast. At about 11.30 PM, a dispute arose between Badrilal, Shyam, Mukesh s/o Dula and Umrao; during such dispute, Badrilal slapped complainant Umrao; thereafter Badrilal and Mukesh slapped Shyamlal and they became impersonate to fight due to which Umrao and Shyamlal left the feast and hardly went ahead 20-25 foot, then Mukesh s/o Dula and Mukesh s/o Janki caught hold Shyamlal; and Badrilal inflicted him by means of knife. Due to which, Shyamlal sustained injuries (1) below right Iliac Crest and (2) right inguinal region; he fell down on the ground; and blood was oozing. The incident was seen by Radheshyam, Jagdish and Santosh. Accused persons fled away from the spot. Umraolal took injured Shyamlal to the hospital, but after examination, doctor declared injured Shyamlal dead. The incident was reported to the Police. On the basis of which, FIR bearing Crime No.85/2011 was registered at Police Station Kanad, District Shajapur (MP). Panchnama of dead body was prepared; and the dead body of Shyamlal was sent to the Hospital for postmortem.