(1.) This judgment shall also govern to disposal of Criminal Appeal No.97/2013 filled by Appellant-Tarun s/o Manohar Kashyap and Criminal Appeal No.186/2013 filed by AppellantMithun @ Deepak s/o Kailashchchand Verma as all the three appeals have arisen out of the same impugned judgment dtd. 10/12/2012 arising out of S.T.No.662/2008.
(2.) The appellants have preferred the present appeal under Sec. 374 of Cr.P.C., being aggrieved by judgment dtd. 10/12/2012 passed by the XXI Additional Sessions Judge, Indore, District- Indore in S.T. No.662/2008, whereby the appellants have been convicted and sentenced them to undergo as under:- <IMG>JUDGEMENT_74_LAWS(MPH)6_2022_1.jpg</IMG>
(3.) In brief, the facts giving rise to the present appeal are that case are that, the Appellant Pulkit @ Monu (hereinafter referred as A-Pulkit) instigated the other appellants and hatched a conspiracy to commit the murder of Ashok Bakdiya. As a result of which, on 18/6/2008, the other co-accused persons murdered the said Ashok Bakdiya by inflicting verious injuries with kitchen knife and country made pistol. Appellant-Tarun (hereinafter as referred A-Tarun) used kitchen knife, accused-Sandeep, whose appeal has already been abated, used a knife and A-Mithun @ Deepak (hereinafter referred as A-Mithun) used a country made pistol.