VIVEK GUPTA @ JAISWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The following judgment of the Court was delivered by: B. D. Rathi, J. This common judgment shall govern the disposal of the aforestated three appeals, as having arisen from the same impugned judgment, they are inter-related.

(2.) These appeals have been preferred by appellants Vivek Gupta alias Jaiswal, Hargovind Sharma and Mantu alias Hemant under Section 374(2) of the Code of Criminal Procedure (for short "the Code") being aggrieved with the judgment dated 10/10/2003 passed by III Additional Sessions Judge, Jabalpur in Sessions Trial No. 621/2000, whereby they have been convicted for the offence punishable under Section 302/34 of the Indian Penal Code (for short "the IPC") and sentenced to imprisonment for life with fine stipulation.

(3.) Prosecution story, in brief, is that on 13/05/2000 between 5.45 to 6 p.m., when Rupesh (PW7) was returning to his home from his field, he saw the appellants, all armed with deadly weapons, coming out of the house of Santosh Patel. And Santosh was telling Mantu to kill Dheeru as he was involved in the murder of Guddan. Hearing the same, Rupesh returned to his home and informed his father. On being asked by his father, Rupesh went to Dheeru's home, but could not find him there. The same evening, at about 6.30 p.m., when Dheeru had gone near the field of Chintaman Sahu for providing water to his buffaloes, appellants, armed with Sword, Pharsa and Gupti etc. came there and, with intention to cause the death of Dheeru, started assaulting him as a result of which he fell on the spot and the appellants fled. The incident was witnessed by Vinod Singh (P.W.1), Kissu Patel (P.W.5), Santu Yadav (P.W.6) and Pramod Singh (P.W.14). They brought other villagers and took Dheeru in an Autorickshaw to Police Station Adhartal from where he was sent for treatment to Hospital. The report of the incident was lodged by Pramod Singh (PW4) at Police Station Adhartal. Dheeru succumbed to the injuries at 8.30 p.m on the same day. After investigation, appellants were arrested and charge-sheet was filed.