NIRBHA & OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The aforesaid three Criminal Appeals arise out of the impugned judgment and order of conviction and sentence dated dated 3/5/2000 rendered in Special Sessions Trial No. 56/1999 by the Special Judge, Shivpuri (M.P.). Since the judgment and order challenged in these criminal appeals is one, all the appeals are herewith taken up together for disposal and decided by this common judgment.

(2.) At the very outset, it would be appropriate to point out that Criminal Appeal No.454/2000 was filed by three appellants namely, Sukhlal, Harcharan and Ajay Singh. During pendency of the said appeal, appellants Sukhlal and Harcharan expired and therefore Cri.Appeal No. 454/2000 is being now prosecuted by sole appellant Ajay Singh. It is further relevant to mention here that two amongst the accused namely Devpal Lodhi and Ajab Singh absconded and could not be traced out.

(3.) Appellants Nirbha, Pistabai, Kamla, Thakurdas in Cri. Appeal No. 355/00, appellants Sukhlal, Harcharan and Ajay Singh in Cri. Appeal No. 454/00 and Smt. Sampatbai in Cri. Appeal No. 459/00 stood trial on the charges levelled against them before the trial court and accordingly they were convicted and sentenced as follows :-