BAIJU @ VIJAY SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 2/6/2010 passed by Special Judge (MPDVPK Act), Gwalior in Special Sessions Trial No. 161/2002, by which the appellant has been convicted and sentenced for the following offences :

(2.) The prosecution story in short is that on 11/9/2002, Sobaran Singh Yadav, lodged a Dehati Nalishi that he is the resident of village Amardha. He was going towards Nayagaon. On the way he saw the dead bodies of Kartar Yadav, who is the brother of Sultan Singh and Punjab son of Khyali Baghele. Both the dead persons are known to him as his relatives are also residing in Ramnagar and Manikpur is adjoining to Ramnagar. One letter each was kept on the cloths of both the dead bodies. From the contents of these letters it appears that these persons have been shot dead by Dayaram Gadariya, Rambabu Gadariya, Prakash Gadariya, Sobaran Gadariya, Vijay Singh Gadariya (appellant), as it is specifically written by the dacoits in the letter that the deceased persons were informer of the police and they have got their brother Vijay Singh killed at the hands of the police. The dead bodies are having multiple gun shot injuries and lot of blood has lost. These murders have been committed in a most planned manner which will be disclosed at a later stage after getting information about it.

(3.) On this information, the police registered the F.I.R. for offence under Ss. 302,147,148,149 of I.P.C., under Ss. 25/27 of Arms Act, and under Sec. 11/13 of MPDVPK Act against the appellant and Dayaram Gadariya, Rambabu Gadariya, Sobaran and Prakash Baghel and others.