SACHIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These batch of appeals are filed challenging the common judgment passed in S.T. No. 169/2010 dtd. 5/1/2016 by learned Sessions Judge, Hoshangabad whereby out of 15 accused persons, 4 were acquitted and 11 were convicted for committing offences under Ss. 302 read with 149 and 201 of the IPC. The accused persons were convicted and sentenced by the trial Court as under -

(2.) As per the case of prosecution, on 18/2/2010 near a marriage hall, at Itarsi, the main accused Shankar Mihani along with other accused persons pressurized Sachin Tiwari (deceased) to give an affidavit in favour of accused Anshul. The friend of Sachin namely 408 of 2016 and 709 of 2016 Munnu @ Mritunjay opposed the same. Accused Anshul assaulted Munnu by means of fists and quarrel began from this incident. During altercation and exchange of heat, appellant Shankar Mihani directed other accused persons to take Munnu and Sachin to Azad Panja Crossing. Munnu and Sachin Tiwari were under the influence of liquor and therefore they could not resist much. All the accused persons took them on their foot to Azad Panja Crossing. Accused Golu Mehra brought motorcycle of Munnu @ Mritunjay to Azad Panja Chowk. At this place again Shanker Mihani pressurized Sachin to give an affidavit in favoaur of accused Anshul. Sachin Tiwari and Munnu did not succumb to such pressure. During heated altercation on this, all the accused persons by means of sharp weapons assaulted Sachin and Munnu. Munnu and Sachin died at Azad Panja Chowk. A person riding a horse i.e. Gullu (PW-8) had seen the said incident. Shankar Mihani directed other accused persons to bring that horse rider. Two accused persons tried to bring the said person but their effort could not fetch any result. Both the dead bodies were thrown in the field of Raja Patel. Accused Takku had removed the chain from the neck of Munnu and kept his purse with him.

(3.) The story of prosecution further shows that Munnu left his house on 18/2/2010 at around 7:30 PM but did not return back to his house situated at Gandhi Nagar crossing. The family members unsuccessfully tried to get information about him. Brother of Munnu, namely Gyanendra Kishore Upadhayay lodged a missing person report on 19/2/2010 at Serial No. 20/10 in Roznamcha Sanha No. 1472. During search of Munnu, his brother came to know that friend of Munnu, Sachin Tiwari is also missing and did not return to his house. During the search of both of them, their dead bodies were found near Boodhi Mata Mandir road in the field of Rajesh Patel. The motorcycle of Munnu was also found nearby. The FIR was registered against unknown persons for committing offence under Sec. 302 read with 34 of IPC.