KASHIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 6.10.1998 passed by the learned Special Judge and Sessions Judge, Shivpuri in Special Criminal Case No. 14 of 1997 (SC/ST) (State of Madhya Pradesh v Nanhe Singh and Ors.) convicting the appellants including the deceased, Nanhe Singh, Harnam Singh and Khuman Singh under Sections 302.149 and 148 of IPC and thereby sentencing each of them to suffer rigorous imprisonment for life with fine of Rs.2,000, in default of payment of fine to suffer additional six months rigorous imprisonment and six months rigorous imprisonment respectively, with stipulation that both the jail sentences shall run concurrently, the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973.

(2.) During the pendency of this appeal, the appellants, Nanhe Singh, Harnam Singh and Khuman Singh had died and their names have been deleted from the cause title, as the appeal stands abated against them.

(3.) The undisputed facts of the case are that the deceased, Sunderlal was the husband and father of Smt. Kapoori Bai (PW5). and Nawal Singh (PW7) respectively. Meharban (PW6) is the brother of Smt. Kapoori Bai. All these persons belong to the caste Khangar and, hence, they are members of the Scheduled Castes. All the appellants/accused persons do not belong to the Scheduled Castes/Scheduled Tribes.