VIRENDRA SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment, the Cr.A. No.s 311/2010, 312/2010 and 3050/2018 filed by Virendra Sharma, Devendra Sharma and Kishan Sharma, respectively shall be decided.

(2.) Criminal Appeal No.s 311/2010 and 312/2010 have been filed under Sec. 374 of Cr.P.C. against the judgment and sentence dtd. 5/3/2010 passed by 3rd Additional Sessions Judge, Shivpuri in S.T. No. 14/2009, whereas Cr.A. No.3050/2018 has been filed under Sec. 374 of Cr.P.C. against the judgment and sentence dated 15-22018 passed by 3rd Additional Sessions Judge, Shivpuri in Sessions Trial No.400014/2019 and convicted and sentenced the appellants for the following offences : <FRM>JUDGEMENT_180_LAWS(MPH)12_2021_1.html</FRM>

(3.) The incident is alleged to have taken place on 28/9/2008, whereas the appellant Virendra Sharma was arrested on 3/10/2008, Devendra Sharma was arrested on 1/4/2009 and Kishan Sharma was arrested on 16/1/2014. When, the appellant Virendra Sharma was being tried, then during the pendency of the Trial, the appellant Devendra Sharma was also arrested, therefore, the witnesses were resummoned. However, Kishan Sharma was tried separately.