MANMOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA. No.799 of 2023, which is third repeat application under Sec. 389 (1) of Cr.P.C. seeking suspension of sentence and grant of bail moved on behalf of appellant No.1-Manmohan and appellant No.4- Ajab Singh.

(2.) Appellants No.1-Manmohan and No.4-Ajab Singh along with other accused persons stood convicted under Sec. 148 of IPC and sentenced to undergo two years RI with fine of Rs.500.00 each; under Sec. 302/149 of IPC and sentenced to life imprisonment with fine of Rs.5000.00 each; and under Sec. 307/149 of IPC and sentenced to ten years RI with fine of Rs.1000.00each, with default stipulations vide judgment of conviction and order of sentence dtd. 22/1/2019 passed by the IV Additional Sessions Judge, Guna (M.P.) in Sessions Trial No.289/2015.

(3.) A s per prosecution story, in the background of rivalry between complainant party and accused persons it is alleged that a fight took place between complainant Gyan Singh and Raja on 14/7/2015 at about 10 pm. While complainant Gyan Singh with his brothers Raghuvir and Sonu were standing at the market at 12-30 in night, Phool Singh, Banti, Ajab Lodha (appellant No.4), Monu Meena, Jeetu Bana, Mahendra Bana, Arvind Bana and Manmohan (appellant No.1) came with common intention to cause grievous hurt to the complainant and his brothers. On exhortation of Phool Singh, all the three namely Phool Singh, Banti and Monu armed with katta fired gun shot injuries causing serious wounds on the chest and body of deceased Raghuvir. Blood started oozing out. Thereafter, Banti had also thrown big stone on the face of the deceased Raghuvir. Eventually, Raghuvir died homicidal death owing to the aforesaid injuries including gun shot injuries. On an FIR so lodged investigation started. Upon evaluation of incriminating material, challan was filed and case was committed to the Sessions Court for trial. The Sessions Court, upon critical evaluation of the evidence available on record has convicted and sentenced the appellants along with other co-accused persons, as referred above.