KULDEEP CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal filed u/S.374 of Code of Criminal Procedure (Cr.P.C) the appellants have challenged the judgment dated 5/4/2014 passed by Addl.Sessions Judge, Badwahaa, District Khargone in ST No.50/2011 whereby convicting and sentencing the appellants as under:-

(2.) In short, the relevant facts which have given rise to this matter are that deceased Omprakash was working as Salesman in the liquor shop of Rinku Bhatia situated at Khargone bus station. On 27/10/2010 at around 7.00 PM Mahendra was sitting in the shop whereas another co-accused Sanjay was unloading the liquor boxes from a vehicle. The appellant Kuldeep and Baby Singh @ Yogesh Chouhan came in a vehicle with driver and two other persons in the shop and forcibly took Mahendra with them. Kuldeep assaulted Mahendra with the butt of a revolver on his head. In the said vehicle they took him towards Kasrawad road. Mahendra was beaten by accused persons by sticks, kicks and fists. Mahendra found that another salesman of liquor shop Omprakash was sitting and weeping in the said vehicle. Omprakash was also assaulted by sticks, slaps and fists. After some time, Mahendra became unconscious. When Mahendra gained consciousness, he found himself in the office of liquor contractor of Badwahaa namely Rinku Bhatia. At this place also, Mahendra and Omprakash were beaten by sticks, belts, kicks and fists. Mahendra again became unconscious. On 29/10/2020 at around 7.30 AM when Mahendra gained consciousness, he found Omprakash is lying in another room in an unconscious stage. Mahendra could fled away from the said house and reached Indore where he narrated the said incident to brother Ramvachan. Lateron on 31/10/2020, Gourishankar informed him that Omprakash was taken to Sunderson Hospital on 29/10/2010 from where he was referred to M.Y. Hospital, Indore where he died on 31/10/2010.

(3.) As per information of incident furnished by Mahendra, ASI O.S. Kushwaha (PW.28) lodged the report and murg intimation was also recorded. The postmortem report was also obtained along death notification letter Ex.P/34 issued by the M.Y. Hospital. The intimation of death Ex.P/39 was recorded. The postmortem report Ex.P/38 was procured. Mahendra was subjected to medical examination and serious injuries were found on his body. Resultantly, after investigation against present appellants and three other persons, offences u/Ss.342, 364, 365, 302/149, 307/149 read with 201 of the IPC were registered by way of FIR Annexure P/34.