NATHU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Cr.A. No. 584/2008 (State of M.P. Vs. Ramant Singh) has been filed by the State of M.P., against the acquittal of Ramant Singh in cross S.T. No. 229/2003. Similarly, State of M.P. has filed Cr.A. No. 790/2005 against the acquittal of 7 co-accused persons, in the present case. In the light of the judgment passed by the Supreme Court in the case of Nathilal and Ors. Vs. State of U.P. and Anr. reported in 1990 Supp SCC 145 the present appeal as well as Cr.A. No. 790/2005 and Criminal Appeal No. 584/2008 arising out of cross case were heard simultaneously, and accordingly, judgments in all the cases are being pronounced on the same day.

(2.) By this common Judgment, Criminal Appeals filed by Nathu Singh (Cr.A. No. 397/2005), Ghanshyam Singh (Cr.A. No. 401/2005) and Ramvir Singh (Cr.A. No. 425/2005) shall be decided.

(3.) All the three Criminal Appeals have been filed under Section 374 of Cr.P.C., against the judgment and sentence dated 20-5-2005 passed by 2nd Additional Sessions Judge, Morena in Sessions Trial No. 37/2001, by which appellant Ramvir Singh has been convicted under Section 302 of I.P.C. (two counts), under Section 302/34 of I.P.C. (two counts) and under Sections 307/34 of I.P.C. (two Counts), whereas appellants Nathu Singh and Ghanshyam Singh have been convicted under Section 302/34 of I.P.C. (four counts) and 307/34 of I.P.C. (two counts). Nathu Singh and Ghanshyam have been sentenced to undergo Life Imprisonment and a fine of Rs. 1,000/- for offence under Section 302/34 of I.P.C. (four counts) and rigorous imprisonment of 7 years and fine of Rs. 500/- for offence under Section 307/34 of I.P.C. (two count). Similarly Ramvir Singh has been sentenced to undergo Life Imprisonment and a fine of Rs. 1,000/- for offence under Section 302 of I.P.C. (two counts), and for 302/34 of I.P.C. (two counts), and rigorous imprisonment of 7 years and fine of Rs. 500/- for offence under Section 307/34 of I.P.C. (two counts). All the sentences have been directed to run concurrently.