ROHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid Criminal Appeals filed by 14 accused persons who all were sent for trial in Criminal Case no. 316/2003 to face charges under section 147,148,302/149 of IPC on account of death of Shakir Mohd and Shafi Mohd in an incident which allegedly occurred on 20th February, 2003 at about 4.00 pm near Titodiya Khal Rapat, Rajgarh, situated at Chhadawad Marg. Out of all the accused / appellants, appellants Rohit, Shambhulal, Lalu, Hate Singh, Hare Singh, Amraji, Jadu Singh, Lalchand, Amarlal have filed Criminal Appeal no. 1380/2008. One of them, appellant no. 9 Amarlal S/o Gomaji is no more; whereas accused appellants Ishwar Singh, Prakash, Jalam Singh, Kalu and Gopal have filed Criminal Appeal no. 14/2009.

(2.) APPELLANTS Shambhulal, Hate Singh and Jadu Singh are represented by Mr. S.K. Vyas, learned Sr. Counsel whereas the other appellants are represented by Mr. Jai Singh, learned Sr. Counsel.

(3.) AS per the case of the prosecution, on 20th of February, 2003 at about 16.45 hours, complainant Shahjad S/o Ismil who is the only eye witness, on whose statement, conviction has been fastened upon the appellants by the learned Sessions Judge, made a complaint at Police Chowki Rajgarh of Police Station - Sardarpur.