RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment, Criminal Appeal filed by Laxman @ Bhura (Cr.A. No. 882/2011) and Rahul @ Chhaviram (Cr.A.701/2018) shall also be finally disposed of. With the consent of parties, the appeal is heard finally.

(2.) It is submitted by Shri M.S. Rana that in compliance of the order of this Court, the appellant Rajesh is present in his office. Similarly, Shri R.K. Shrivastav also submitted that appellant Laxman @ Bhura is present in his office. Appellant Rahul @ Chhaviram is in jail. Since the physical hearing is not going on, therefore, the presence of the appellants Rajesh and Laxman @ Bhura is marked without obtaining their signatures.

(3.) These Criminal Appeals have been filed under Section 374 of Cr.P.C against the judgment and sentence dated 02.08.2011 passed in Special Sessions Trial No. 6/2009 by which appellant Rajesh and Laxman @ Bhura were convicted for offence under Sections 392, 397 of IPC r/w Section 13 of MPDVPK Act 1981 and sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 500/- with default rigorous imprisonment of three months. Since the appellant Rahul @ Chavi Ram jumped bail during pendency of the trial, and was arrested at a later stage, therefore, by separate judgment and sentence dated 01.12.2017 in Special Sessions Trial No. 6/2009, he too has been convicted under Sections 392, 397 of IPC r/w Section 13 of MPDVPK Act and has been sentenced to undergo rigorous imprisonment of seven years with fine of Rs. 5,000/- with default rigorous imprisonment of three months.