AJJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment, Cr.A. No.568 of 2011 filed by Ajju @ Ajay, Cr.A. No.717 of 2011 filed by Raghvendra Singh Chauhan and Cr.A. No.718 of 2011 filed by Saurabh Singh shall be decided.

(2.) These Criminal Appeals have been filed under Sec. 374 of Cr.P.C. against he Judgment and Sentence dtd. 1/7/2011 passed by 3rd Additional Sessions Judge, Bhind in S.T. No.263 of 2010 by which the Appellants have been convicted for the following offences : <FRM>JUDGEMENT_109_LAWS(MPH)7_2022_1.html</FRM>

(3.) It is not out of place to mention here that earlier the Appellant Saurabh Singh was arrested whereas Appellants Ajju @ Ajay and Raghvendra Singh Chauhan were absconding. The Appellants Ajju @ Ajay and Raghvendra Singh Chauhan were arrested at a later stage and by that time, the trial of the co-accused Saurabh Singh had reached to an advance stage. Therefore, the Trial Court by order dtd. 3/2/2011 directed that Ajju @ Ajay and Raghvendra Singh Chauhan shall be tried separately. However, all the Appellants have been convicted by two separate judgments passed on the same day. Since, the evidence in respect of Raghvendra Singh Chauhan and Ajju @ Ajay has been recorded separately, therefore, the evidence in the case shall be considered in the light of the judgment passed by the Supreme Court in the case of A.T. Mydeen Vs. The Asstt. Commissioner, decided on 29/10/2021 in Cr.A. No. 1306 of 2021.