SHAMBHOO KHARE Vs. STATE OF M P

JUDGEMENT

(1.) Since aforesaid appeals arise out of the common impugned judgment of conviction, this judgment shall govern the disposal of both the appeals.

(2.) Appellants have filed these appeals against the judgment dated 13th January, 2004 passed by Sessions Judge, Sehore in Sessions Trial No.118/2003 convicting the appellants under section 302/34 of the Indian Penal Code and sentencing each of them to imprisonment for life with fine of Rs.5000/-. In default of payment of fine, further rigorous imprisonment for one year.

(3.) Prosecution case in short is that on 18.6.2003 at about 6:45 p.m. complainant Manohar Singh Gaur lodged a Dehati Nalshi Ex.P/1 to police at District Hospital, Sehore that at about 6:00 p.m. when he was coming back from the Housing Board, near the office of District Education Officer, he saw appellants/accused beating his nephew Rakesh, the deceased. Accused Lallu dealt a blow with a Gupti on his chest while other accused persons caught hold of him. When he shouted, accused persons left Rakesh and ran away. With the help of Vijay Rathore, he carried Rakesh to District Hospital Sehore where doctors declared him dead. According to him, on the last night accused persons had insisted Rakesh to let them sleep in his house situated in Awadhpuri and on his not permitting them to sleep there they had beaten him. Because of that enmity accused persons committed his murder.