LAWS(MPH)-2022-5-45

KALYAN Vs. STATE OF M. P.

Decided On May 09, 2022
KALYAN Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) This judgment shall also govern disposal of CRA 885 of 2011 [Narayan, Son of Chhadami Kushwah vs. State of MP], CRA 898 of 2011[Pancham Singh, Son of Channi Jatav & Others Vs. State of MP], CRA 100 of 2012 [Son of Bhambar Singh Mirdha vs. State of MP] & CRA 666 of 2012 [Udal Singh, Son of Patiram Kushwah vs. State of MP] preferred under Sec. 374 of CrPC.

(2.) Vide Judgment dtd. 08/08/2011 passed by Special Judge (MPDVPK Act,1981) Gwalior (MP) in Special Sessions Trial No. 70 of 2004, appellants accused Pancham Singh, Kalyan alias Kallu Gurjar, Narayan Kushwah, Narayan Singh Mirdha, Punjab Singh Gurjar have been convicted under Sec. 364-A IPC and sentenced to undergo Life Imprisonment and under Sec. 365 IPC, sentenced to undergo Five Years Rigorous Imprisonment with fine of Rs.300.00 each, with default stipulation whereas appellants Gariba alias Hanumant Singh Jatav and Tunda alias Rajesh Jatav have been convicted under Sec. 364-A r/w 120-B IPC and sentenced to undergo Life Imprisonment and under Sec. 365 r/w Sec. 120-B IPC r/w Sec. 13 of MPDVPK Act and sentenced to undergo Five Years RI with fine of Rs.300.00, with default stipulation. Both sentences have been directed to run concurrently.

(3.) As appellant accused Udal Singh Kushwah had been absconded during trial, therefore, a separate judgment dtd. 28/06/2012 has been passed in the same Special Sessions Trial No.70 of 2004 by Special Judge (MPDVPK Act, 1981) Gwalior by which appellant accused Udal Singh has been convicted under Sec. 364-A IPC and sentenced to undergo Life Imprisonment and under Sec. 365 IPC r/w Sec. 13 of MPDVPK Act, sentenced to undergo Five Years rigorous imprisonment with fine of Rs.300.00 with default stipulation. Both sentences have been directed to run concurrently.