TAKDEER SHAH Vs. STATE OF MADHYA PRADESH GOVT

JUDGEMENT

(1.) Since all these six appeals have been filed against the common impugned judgment, therefore, the same are being decided by this common judgment.

(2.) All these appeals have been filed by all the appellants under Sec. 374 of Criminal Procedure Code, 1973 ( in short "Cr.P.C) against the impugned judgment dtd. 25/09/2012 passed by 5th Additional Sessions Judge, Mandsaur in Sessions Trial no. 229/2011, whereby all the appellants have been convicted under Sec. 148, 332/149 and 302/149 of IPC and sentenced to undergo one year R.I with fine of Rs.1000.00 each; two years R.I with fine of Rs.2000.00 each and life imprisonment with fine of Rs.3000.00 each respectively with usual default stipulation.

(3.) Prosecution case in brief is that on 18/7/2011 at night at about 08:40 PM police constable Mukesh Singh Bhadoriya and Brajraj Singh were posted at P.S. Y.D. Nagar in cobra Scott on special duty. During patrolling, when they turned to village Multanpura and reached near house of Ibrahim Aldad, they saw accused Raghu @ Sarfiraz having Katta in his one hand and one steel pipe in another hand and accused Maqsud Batla, Ashiq Gulla and Yusuf Gulla also having steel pipe and accused Shehzad Gulla, Takdeer Shah, Iliyas and other one person having stick in their hands and they surrounded near Mukesh Singh Bhadoriya and Brajraj Singh. At that time,accused Raghu @ Sarfraz fired by katta. Both of police constable fell down and escaped from gun fire. Accused Sarfraz and other accused person were talking that both came daily for caught us and today they would kill them. Thereafter all of them inflicted injury to both of them. When complainant Mukesh Singh Bhadoriya made hue and cry, at that time other cobra scott person Jitendra and Rakesh come on the spot for his rescue, thereafter accused person run away from the spot. Constable Jitendra and Rakesh took Brajraj for treatment in civil hospital, Mandsaur. During treatment. Barajraj Singh died. Complainant Mukesh Singh Bhadoriya lodged Dehati Nalishi. Accordingly, later on, the merg and FIR was registered.