ANIL KUMAR KANOJIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed on behalf of appellant being aggrieved by the judgment and sentence dtd. 27/08/1997 passed by learned 1st Additional Sessions Judge, Satna in Sessions Trial No.79/1997 whereby appellant has been convicted under the provisions of Sec. 307/34 of IPC and sentenced to seven years Rigorous Imprisonment and fine of Rs.2,000.00, in default of payment of fine, further rigorous imprisonment of six months. It has come on record that during trial, the appellant was in custody w.e.f.17/02/1997.

(2.) Learned counsel for the appellant submits that as per version of FIR, there were four accused persons against whom allegations have been made. According to FIR, injured-informant Prakash Jatav S/o Garib Das Jatav had lodged report under Sec. 307, 34 of IPC against Manoj Kanojiya, S/o Sohan Lal Kanojiya, Suresh Gupta S/o Ram Pratap Gupta, Sonu alias Vipin, S/o Bhajan Sindhi.

(3.) As per prosecution story, allegation is that on fateful day i.e. 09/02/1996 when complainant had approached transport of Ved Babu so to receive stitching of Tirpal, he met Suresh Gupta, Manoj Kanojiya, Anil and Sonu alias Vipin with whom he already had a dispute kept on following him with a view to cause harm. When he was returning back to his home at about 4.30 p.m., then at Sabji Mandi Road, he met with accused persons who had taken him along with them to a rented premises of Manoj where they offered liquor and all of them consumed alcohol.