STATE OF MADHYA PRADESH Vs. CHIKKI ALIAS CHANDRAMOHAN

JUDGEMENT

(1.) Since both the appeals arise out of common judgment, hence they are being decided by this common judgment.

(2.) The State has filed Criminal Appeal No. 882/09 feeling aggrieved by the judgment delivered by learned Addl. Sessions Judge, Narsinghpur in Sessions Trial No. 63/92 on 5 th December, 1994 by which above accused, and accused Mexi @ Rajendra Kumar (since dead), have been acquitted of the charges under Sections 148, 302 read with Section 149 of IPC, but all four appellants were convicted and sentenced under Section 304 IPC read with Section 34 of IPC to R.I. for 6 years each. Convicted accused persons have filed Criminal Appeal No.1509/94 assailing their conviction and sentence under Section 304 IPC read with Section 34 IPC.

(3.) The brief facts of the case before the trial Court were that accused formed unlawful assembly with deadly weapons, and in furtherance of their common object, committed murder of Nanhu @ Ramkumar at about 3 AM on 31.3.91. It is said that deceased Nanhu @ Ramkumar had illicit relations with Babli @ Geeta (PW.16). On 30.05.91, Babli had gone to attend some marriage at Gotegaon. From marriage function, she went with deceased Nanhu @ Ramkumar. Deceased was then chased by accused and some other persons. Since deceased was servant of Anil Jaiswal (PW.6), he also went in search of deceased. Near MPEB Colony at Gotegaon, Nanhu alias Ramkumar was seen lying in supine position, and accused Kara, armed with a sword, Maxi alias Rajendra (since dead) with Farsa, and other accused Pappu, Chikki and Gitthal with sticks were assaulting him. On raising alarm, accused persons ran away. Nanhu @ Ramkumar was brought to the police station where FIR (Ex.P.10) was lodged by Anil Jaiswal (PW.6) and police registered offence under Sections 148,307 and 149 of IPC. Nanhu @ Ramkumar was sent to hospital, but on way he succumbed to the injuries.