IMRAT Vs. STATE OF M.P.

JUDGEMENT

(1.) Both these criminal appeals (Cr.Nos.1250/1996 and 1313/1996) have arisen out of judgment of conviction dtd. 30/7/1996 passed by the learned 10th Additional Sessions Judge, Jabalpur in Sessions Trial No.207/94 [State of M.P. Vs. Buddhu and three others], therefore, they were heard analogously and are being decided by this common judgment.

(2.) As per prosecution story, on 8/4/1993 at about 08.45 am the appellants/accused persons abused Nanku by hurling filthy words, and thereby, causing irritation and also committed murder of deceased-Nanku in public place near Panchayat Bhawan in village Karhaiya, P.S. Belkheda, District Jabalpur. In furtherance of common intention alongwith co-accused persons and in the same incident tried to commit murder of PW.1-Kandhilal and PW.2-Tattu. Therefore, accused persons were charged for offences under Sec. 294, 302, 307 r/w 34 (2 counts) of Indian Penal Code.

(3.) Admitted facts before the trial Court were that deceased-Nanku, PW.1-Kandhilal and PW.2- Tattu are real brothers. Kanta Bai (PW.3) is wife of Tattu (PW.2).