PAPPI BAGHELE Vs. STATE OF M P

JUDGEMENT

(1.) A challenge has been made by appellants Pappi Baghele and Jagdish @ Thakra while preferring Cri. Appeal No. 248/04 to a judgment of the trial court dated 23 rd March 2004, rendered in Sessions Trial No. 410/02 convicting both the accused, for commission of offence punishable under Section 302 of I.P.C. and sentencing them to suffer imprisonment for life with a fine of Rs.5,000/- and in default to suffer additional imprisonment of one year for committing murder of Kalu @ Aftab Ali. Apart from the above, appellant No.2-Jagdish @ Thakra also stood convicted for an offence under Section 324 of I.P.C. and sentenced to suffer six months' R.I. with fine of Rs.1,000/- and in default to suffer additional imprisonment of one month for causing hurt by means of knife to injured Ahsan Ali.

(2.) Being aggrieved by the said judgment, another appeal bearing No.273/04 has been preferred by appellants Santosh and Munna against their conviction for offence under Section 324 of I.P.C. and sentence to six months' R.I. with fine of Rs. 1,000/- for causing hurt by means of knife to an injured Ballu @ Shahid Ali with default imprisonment of one month in respect of fine.

(3.) The facts of the above-referred two appeals being similar and identical, both the appeals are heard together and deposed of by this common judgment. For the sake of clarity and convenience, firstly we shall advert to the facts of the case.