NABAB SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) THE judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No.416/2004 (Dharmendra Singh and others Vs. State of M.P.) since both the appeals have arisen out of common judgment passed by learned Trial Court.

(2.) FEELING aggrieved by the judgment of conviction and order of sentence dated 26/06/2004 passed by learned Second Additional Sessions Judge (Fast Track Court), Datia in Sessions Trial No. 177/2000 convicting the appellants under Sections 148 and 302/149 of IPC and thereby sentencing them to suffer six months' rigorous imprisonment and life imprisonment with fine of Rs. 1,000/ - (on two counts) each and in default thereof to suffer further rigorous imprisonment of six months respectively, this appeal as well as the connected Criminal Appeal have been filed by the accused persons under Section 374 of the Code of Criminal Procedure, 1973.

(3.) IN brief the case of prosecution is that in between the night of 17 th and 18 th June, 2000 nearby Hanuman Ji Temple in village Bhadol in the field of one Ramswaroop, Bhandara (feast after religious ceremony) was being carried out in which family members of the deceased, namely, Nabab Singh and Kishan Pratap were eating the meals, at that juncture, the accused persons came there and asked that why they were not made Jaijman (host of the religious function) and, therefore, they will not permit to go on the Bhandara. It is said that the appellant No.1 - Nabab Singh started to collect Nukti (A kind of sweetmeat), as a result of which, the complainant side restrained him from doing so. At that juncture, it is said that some hot talks took place and thereafter the accused persons went to their respective homes and brought the weapons of assault. It is said that accused persons Nabab Singh and Kishan Pratap carrying 12 bore gun while deceased co -accused Jayendra (separately tried and died during trial) carrying muzzle loaded gun, accused persons Dharmendra Singh and Kallu carrying Farsa, Kaptan Singh carrying Sariya, Virendra Singh carrying Barchhi and Pappu alias Rupendra Singh carrying Lathi came there having common object to kill the deceased persons, namely, Ratan Singh and Balaji (Kshatrapal) [hereinafter referred to as "the deceased"]. It is said that Nabab Singh, Kishan Pratap and Jayendra fired gunshots while the other accused persons assaulted the deceased persons by their respective weapons, which they were carrying with them. Both the deceased died at the spot.