MOUJIS AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal has been appellants herein aggrieved by the judgment of conviction and sentence dated 1.1.2005 passed by the Ist Additional Sessions Judge, Hoshangabad in Sessions Trial No.445/2002. In this case, besides the appellants, one Mohammad Aslam was also tried before the trial Court however, he was acquitted of all the charges. As regards the appellants herein, the learned trial Court found the appellant No.1 Moujis, appellant No.2 Prakash, appellant No.3 Balli, appellant No.4 Ranu and appellant No.5 Rakesh guilty under Section 147 of I.P.C. and found appellant No.1 Moujis guilty of committing the murder of the deceased Sudhir for offences punishable U/s.302 I.P.C. And also held him guilty U/s.149 read with Section 302 of I.P.C. for the death of Lakhan. Appellant No.5 Rakesh has been found guilty of committing the murder of deceased Lakhan punishable U/s.302 of I.P.C. and U/s.149 read with Section 302 I.P.C. for the murder of Sudhir. Appellant No.4 Ranu, appellant No.2 Prakash and appellant No.3 Balli @ Santosh were found guilty U/s.149 read with Section 302 for the murder of Sudhir and Lakhan.

(2.) The case for the proecution in brief is that on 30.6.2002 at around 8.00 p.m., the appellants herein are stated to have confronted the deceased persons Sudhir and Lakhan who were sitting outside Dulhan Saree Centre at Shastri Market and pursuant to a quarrel, are stated to have caused stab injuries to both the deceased who died on account thereof. Gopal Soni (PW- 4) was the author of the FIR Ex.P/12 which was registered as Crime No.508/2002 in Police Station Itarsi and after the investigation, the charge-sheet was filed against the appellants/accused persons and on committal of the case, the Sessions Court framed the aforesaid charges against the appellants and the appellants abjured their guilt and their defence is of innocence.

(3.) The learned trial Court after trial convicted the appellants and sentenced as mentioned earlier.