PAWAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on I.A. No.5317/2022, first application u/s. 389(1) of the Cr.P.C. for suspension of the jail sentence on behalf of the appellants.

(2.) The appellants have filed this appeal being aggrieved by judgment dtd. 29/2/2020 passed by 3rd Addl. Sessions Judge, Mandsaur in S.T. No.13/2013. By the aforesaid judgment, the appellants and two others have been convicted and sentenced as under: <FRM>JUDGEMENT_23_LAWS(MPH)5_2022_1.html</FRM>

(3.) As per prosecution story, on 20/10/2012 near about at 12.30 pm. deceased Karulal was going to the forest area and when he wasvcrossing the agricultural field of Ghanshyam, Ghanshyam stopped him and assaulted by means of stick and when his brother tried to save him, then Lal Singh also assaulted by means of stick. Present appellants viz. Pawan and Mahendra Singh joined them and they also started assaulting the deceased by fists and legs. Karulal succumbed to the head injury. Initially, the FIR was lodged for the offence u/s. 323, 341, 504, 506, 34 of the IPC at Crime No. 323/2012. After completion of the investigation, charge-sheet was filed. During treatment, Karulal died, therefore, offence u/s. 302/34 of IPC was added. The prosecution examined as many as 16 witnesses. After evaluating the evidence came on record, learned court below has convicted and sentenced all the accused persons, as stated first.