MOHAN AND OTHERS Vs. STATE OF MADHYA PRADESH,

JUDGEMENT

(1.) Aforementioned three cases have been filed against the common judgment dated 29.11.1994 passed in Criminal Sessions Trial No.880/1992. Criminal Appeal No.1561/1994 has been filed by the accused persons. Criminal Revision No.848/1994 has been filed by the complainant/Lakhan for enhancement of sentence and Criminal Appeal No.1803/1995 has been filed by the State for enhancement of sentence. Hence, all the cases are tagged together and heard together and same are being decided by this common judgment.

(2.) The accused persons/appellants were prosecuted for commission of offence punishable under Sections 148, 302 or 302/149, 307 or 307/149, 324 and 323 or 324/149, 323/149 of Indian Penal Code. During pendency of appeal four accused persons namely Mohan, Satyam, Surya Narayan and Ramaswami have been died. Their appeal stands abated. Appellant No.3 Swami Prasad @ Chitti Babu and appellant No.5 Kurala @ Kurlaiya are alive. Hence, this judgment is in regard to appellant No.3 Swami Prasad @ Chitti Babu and appellant No.5 Kurala @ Kurlaiya.

(3.) The trial Court held the appellant No.3 Swami Prasad @ Chitti Babu guilty for commission of offence punishable under Sections 304 Part II r/w 149, 148, 307 r/w 149, 324 and 323 r/w 149 of IPC and awarded sentence of RI seven years, RI two years, RI five years, RI two years and RI one year respectively. The trial Court also held the appellant No.5 Kurala @ Kurlaiya guilty for commission of offence punishable under Sections 304 Part II r/w 149, 148, 307 r/w 149, 324/149 and 323 of IPC and awarded sentence of RI seven years, RI two years, RI five years, RI two years and RI one year respectively. The trial Court ordered that the sentences shall run concurrently.