BABLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No.91/2001 (Raghunath @ Jagna Vs. State of Madhya Pradesh) since the connected appeal has arisen from the common judgment passed by the learned Trial Court.

(2.) Feeling aggrieved by the judgment of conviction and order of sentence dtd. 16/12/2000 passed by the Learned Additional Sessions Judge, Ashoknagar, District Guna, in Sessions Trial No.106/2000, convicting appellants of this appeal as well as appellants of connected Criminal Appeal No.91/2001 under Ss. 302/34 of IPC and thereby sentencing them to suffer life imprisonment, the appellants have preferred this appeal under Sec. 374 (2) of Code of Criminal Procedure, 1973.

(3.) In brief, the case of prosecution is that deceased Sanjeev Kumar was a student of Class Xth and used to go to Shadhora for his studies. Accused Jagna @ Raghunath, Babulal and witness (PW-2) Brijbhan were also studing with him. On 1/1/2000, when deceased Sanjeev Singh was going for taking tuitions at Shahdhora that on the way he met the accused Jagna @ Raghunath and Bablu. They both asked Rs.100.00 for speculating (Satta) but Sanjeev Singh refused to give them the money. When he was returning from Shadhora to his home at Sadmura at about 12.30 p.m. that on the way at Kundalpur Ka Bag he met both the accused persons. As witness Brijbhan (PW.2) who was accompanying the deceased on another cycle had a flat tyre, he was laid back at a cycle shop for pumping up the tyre and in the mean while deceased moved ahead. The accused persons obstructed his way, accused Babulal caught hold off his hands and accused Jagna @ Raghunath took out a knife out of his pocket and inflicted injury above right eye. As deceased Sanjeev Kumar cried in pain, Babulal freed his hands and gave a lathi blow on his left hand and when deceased Sanjeev Kumar retaliated accused Jagna @ Raghunath took lathi from Babulal and gave a lathi blow on the back of deceased. Hearing the hue and cry Harveer Singh (PW.1), Brijbhan (PW.2) and Randheer Singh (PW.3) came on the spot. Along with the present accused persons, accused Raghuveer, Munesh and Lakhan armed with lathi were also present on the spot and were extorting to kill deceased Sanjeev Kumar.