LALU SINDHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellant Lalu Sindhi is aggrieved by the judgment and order dated 31.10.2002 passed by the learned 4th Additional Sessions Judge (Fast Track Court), Satna, in Sessions Trial No. 167/1998 by which he has been convicted and sentenced to suffer rigorous imprisonment for life for an offence under section 302 IPC with a fine of Rs. 500/- and a further rigorous imprisonment of two months in default of fine. He has also been convicted for the offence under sections 25 and 27 of the Arms Act and sentenced to suffer rigorous imprisonment for one and three years rigorous imprisonment respectively and fine of Rs. 200/- and 300/- in default of fine, further rigorous imprisonment for one month each.

(2.) Criminal Appeal No. 181/2003 has been filed by the State, which is aggrieved by the acquittal of the co-accused/Rajesh Senani and Anil Kanojiya, by the learned Trial Court.

(3.) The brief facts of the case are as follows: The deceased is Jagdish Prasad Asati. He along with his son Dilip Gupta (P.W. 1), operate a sweet shop under the name and style of 'Kaka Sweet Mart' in Satna. As per Dilip Gupta (P.W. 1), on 28.8.1998 at around 6.00 a.m., Dilip Gupta and his father Jagdish Prasad Asati went to the shop to open it for the day's business. At that time, the Appellant Lalu Sindhi alias Dayaldas, came to the scene of crime on a motorcycle with two other co-accused persons namely Rajesh Senani and Anil Kanojiya. The co-accused Anil Kanojiya was riding the motorcycle and the Appellant was sitting in the middle and co-accused Rajesh Senani was sitting behind the Appellant. The Appellant got off the motorcycle, stuck a firearm to the nape of the deceased and fired a shot and thereafter got on the motorcycle and the three of them rode away.