KISHAN ALIAS KISHNIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment delivered by the learned Additional Sessions Judge in Sessions Trial No.285/89 in Crime No.1633/88 delivered on 22nd June, 1989 whereby, the learned Additional Sessions Judge has convicted the appellant Kishan alias Kishniya for having caused the death of Adesingh; appellant Jabariya and Gamariya for having caused the death of Jungliya and Kustum under section 302 of IPC and to undergo imprisonment for life besides making payment of fine of Rs.1000/-. The trial Court has also2 convicted the other appellants Jabariya, Undliya, Nirbhaysingh, Gambhir and Ganpat under section 302/149 on all the aforesaid three counts and also sentenced them to undergo imprisonment for life with fine of Rs.1000/- each. In default of payment of fine, they have been directed to further undergo RI for one year.

(2.) During the pendency of this appeal, one of the appellant namely Gambhir has died and therefore, his name was deleted on 7.9.2005.

(3.) Learned counsel for the appellants has submitted that while there is evidence against the appellants Kishan alias Kishniya and Jabariya, there is no evidence to sustain the conviction of Undliya, Nirbhaysingh and Ganpat. He has, therefore, submitted that as far as the aforesaid three appellants are concerned, they are entitled to be acquitted of the charges framed against them. It may be observed here that all the appellants are in judicial custody.