BHUPENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Looking to the similitude of controversy involved, both these criminal appeals having arisen from same Sessions Trial are being disposed of by this common judgment.

(2.) Prosecution story, as found proved, is that Badshah (since deceased) was in the business of Dairy and used to return home between 8-9 PM daily. On the fateful day of 30/11/1998, when he did not return, complainant Beer Singh and Rajendra Tomar went in his search. At about 10.30 PM, near Mohan Misthan Bhandar, they found that Badshah had been caught hold by appellant Kallan Koli and Kallan Luhar, while appellant Bhupendra Kushwah was stabbing him by a Baka. As complainant and his associate raised alarm, the miscreants fled away throwing Badshah on the ground.

(3.) On being charged with the offence punishable under sec. 302, in alternative 302/34 of the IPC, the appellants abjured the guilt. In the examination under sec. 313 of the Code of Criminal Procedure, the appellants pleaded false implication due to prevailing enmity.