BRIJESH KUMAR TRIVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeals Nos. 320 and 321 of 1979 also.

(2.) The incident that took place in village Joulkhera of Betul district on the night of 18-4-1978 resulted in the death of Yuvraj Pawar and serious injuries to Sahablal Pawar (P.W. 1) and Baboolal Pawar (P.W. 16). In Sessions Trial No. 41 of 1978, accused-appellant Brijesh Kumar Trivedi alias Rajoo was prosecuted by the Sessions Judge, Betul, under section 302 of the Indian Penal Code for having committed the murder of Yuvraj Pawar and accused-appellants Pramod Kumar Trivedi, Shriram and Tiran were prosecuted under section 302/34 or alternatively under section 302/149 of the Indian Penal Code in connection with the said murder. Similarly, in Sessions Trials Nos. 42 and 43 of 1978, accused appellant Brijesh Kumar was prosecuted under Section 307 of the Indian Penal Code for attempting to murder Sahablal Pawar and Baboolal Pawar respectively and the remaining three accused-appellants were prosecuted under section 307/34 or alternatively under section 307/109 of the Indian Penal Code in connection with the said acts. The three sessions trials were tried together and disposed of by the Sessions Judge by one consolidated judgment dated 26-2-1979. Accused-appellant Brijesh Kumar Trivedi was held guilty of having committed the murder of Yuvraj Pawar and attempting to murder Sahablal Pawar and Baboolal Pawar and was accordingly sentenced under section 302 of the Indian Penal Code to imprisonment for life and under section 307 to rigorous imprisonment for three years on two counts. Accused-appellants Pramod Kumar Trivedi, Shriram and Tiran were held not guilty under section 302/34 or section 302/149 of the Indian Penal Code in connection with the Murder of Yuvraj Pawar. They went also not held guilty under section 307/34 or section 307/109 of the Indian Penal Code in connection with attempting to murder Baboolal Pawar. However, they were held guilty under section 307/109 of the Indian Penal Code in connection with attempt to murder Sahablal Pawar and were each sentenced to rigorous imprisonment for three years. Criminal Appeal No. 321 of 1979 is by accused-appellant Brijesh Kumar against his conviction and sentence under section 302, of the Indian Penal Code in connection with the murder of Yuvraj Pawar. Criminal Appeal No. 320 of 1979 is also by accused-appellant Brijesh Kumar against his conviction and sentence under section 307 of the Indian Penal Code in connection with attempt to murder Baboolal Pawar. The present appeal i.e. Criminal Appeal No. 262 of 1979 by all the four accused-appellants is in connection with attempt to murder Sahablal Pawar by accused-appellant Brijesh Kumar against his conviction and sentence under section 307 of the Indian Penal Code and by the remaining accused-appellants against their conviction and sentence under section 307/109 of the Indian Penal Code.

(3.) Accused-appellants Brijesh Kumar and Pramod Kumar were brothers. All the four accused-appellants were residents of village Joulkhera. Deceased Yuvraj Pawar and injured Sahablal Pawar (P.W. 1) were also residents of village Joulkhera. Injured Baboolal Pawar (P. W. 16) was a resident of village Neergud and Mishrilal Pawar (P. W. 17) was his brother.