NANDKISHORE KACHRULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 17.4.2001 passed by learned Additional Sessions Judge Ujjain, in Sessions Trial No. 310/ 2000 convicting appellants under Section 302/ 34 IPC and thereby sentencing them to suffer life imprisonment and fine of Rs. 1,000/-. in default farther RI of two months, this appeal has been preferred by the appellants under Section 374 (2) of the Criminal Procedure Code, 1973.

(2.) IN brief, the case of prosecution is that complainant lodged FIR at Police Station Dewas Gate Ujjain, that he is a conductor on Yadav Bus bearing Registration No. MP13/ 6518. On 21.6.2000 at 4 PM he was calling the passengers at bus stand Dewas Gate, at that juncture, in front of Annpurna Bhojnalaya one Bakhtawarsingh (hereinafter referred to as the deceased) who is the bus owner of Heerawat Bus Services was being assaulted by the owner of the Annpurna Dhaba, Nandkishore and his servant Ashok Gupta and the father Nandkishore Kachru. The deceased was screaming for help. Accused Ashok and Nandkishore were carrying a knife in their hand while accused Kachrulal was holding a lathi. It is said that Ashok dealt 3-4 knife blows on the neck of the person of the deceased while Nandkishore dealt six blows of knife on his abdominal region and by causing brutal injuries, the deceased was smithered. Accused Kachrulal also wielded lathis to the deceased on his waist. After causing injuries to the deceased, all the accused persons fled towards Scindia School. On seeing the incident several persons assembled at the spot in which Brajendra Singh Chauhan, Manoharlal Jatav and Kamalsingh Rajput were also present and they have witnessed the incident. Since accused Nandkishore and Ashok were carrying knife in their hands nobody could dare to intervene.

(3.) THE learned Trial Judge framed charges punishable under Section 302 and also under Section 302/34 IPC against the accused persons which they denied and requested for the trial.