SURESH Vs. STATE OF M P

JUDGEMENT

(1.) Aforesaid two appeals have been preferred against the Judgment dated 17 th April, 03 in Sessions Trial No. 126/2000 by the First Additional Sessions Judge, Shivpuri (M.P.), convicting thereby accused/appellant Suresh firstly, for commission of offence punishable under Section 302 read with Section 109 of I.P.C. for abetment in consequence of which Dhaniram was murdered by other accused and sentencing him to suffer imprisonment for life; secondly, for commission of offence punishable under Section 325 read with Section 109 I.P.C. for abetment in consequence of which Devisingh, Badam, Raibhan and Foosu received grievous injuries by means of Luhangis caused by other accused and sentenced to suffer two years' rigorous imprisonment with fine of Rs. 500/- and in default to suffer six months' rigorous imprisonment; thirdly, for commission of offence punishable under Section 379 read with section 109 of I.P.C. for abetment in consequence of which a goat valued Rs. 1,000/- belonging to one Badam Singh was theft by other accused Mohan and Shiromani and sentenced to suffer one year's rigorous imprisonment; fourthly, for commission of offence punishable under Section 323 read with Section 109 of I.P.C. for abetment in consequence of which Badam Singh was injured by other accused and sentenced to suffer six months' rigorous imprisonment.

(2.) Other accused-appellants namely, Bhoopat Singh, Mohan Singh, Shiromani and Rajendra Singh were firstly convicted for commission of offence punishable under Section 302 read with Section 34 of I.P.C. for committing murder of Dhaniram in furtherance of their common intention and sentenced to suffer imprisonment for life with fine of Rs.1,000/- and in default of payment of fine to suffer one year's rigorous imprisonment; secondly, stood convicted for commission of offence punishable under Section 325 of I.P.C. for causing grievous injuries to Devisingh, Badam, Raibhan and Foosu and sentenced to suffer two years' rigorous imprisonment with fine Rs. 500/- each and in default to suffer six months' rigorous imprisonment; thirdly stood convicted for commission of offence punishable under Section 323 of I.P.C. for causing simple hurt to Badam Singh and sentenced to suffer six months' rigorous imprisonment. In addition to above, accused Mohan Singh and Shiromani were convicted for theft of a goat valued Rs. 1,000/- belonging to Badam Singh for commission of offence punishable under Section 379/34 of I.P.C. and sentenced to suffer one year's rigorous imprisonment. By the same judgment, accused Udairam was acquitted of all the aforesaid charges.

(3.) During pendency of the case, on account of death of appellants Bhoopat Singh and Rajendra, their names were deleted from the array of the appellants and the appeal preferred by them stood dismissed as abeted.