DURGESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) of Cr.P.C, preferred against the judgment dated 11.11.2010, passed by the ASJ, (Special Electricity Act, 2003), Indore, in S.T.No.333/2007, wherein the appellants - Durgesh and Manish, have been convicted as under :-

(2.) The prosecution story in short was that on 20.5.2007 at around 11.00 PM to 11.45 PM while deceased Anil was talking to his brother Sachin (PW4) at Ambe Square, Indore, appellant Durgesh came with two other co-accused persons and started abusing Anil. When Anil protested, one of the accused caught hold of Anil and appellants - Durgesh and Manish, inflicted knife injuries on Anil. When Anil shouted, witnesses Sonu (PW9), Rajkumar (PW18), Manoj (PW6) and Naresh (PW13) arrived at the spot. Injured Anil was taken to the M.Y. Hospital, Indore where he died and police was intimated by telephone operator of M.Y. Hospital. Merg was instituted on the basis of information received. Thereafter FIR was lodged in the MIG police station by Sachin against Durgesh and two unknown persons and after due investigation, a charge sheet was filed against Manish, Durgesh and Ritesh. The trial court framed charges under Section 294, 302 read with Section 34 of IPC against all three accused persons. Charge under Section 25(1)(b)(b) of the Arms Act were framed against Manish and Durgesh. The accused abjured their guilt and prosecution proceeded to examine its witnesses. In all 20 witnesses were examined by the prosecution in its support.

(3.) The appellants did not lead any defence evidence in their support. The trial court after considering the evidence pronounced its judgment on 11.11.2010 whereby accused Ritesh was acquitted of all the charges and appellants - Durgesh and Manish were acquitted from the charge under Section 294 of IPC. However, they were convicted and sentenced as described in para 1 of the judgment.