AJAY KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 13.01.2006, passed by learned 7th Addl. Sessions Judge, Jabalpur, in Sessions Trial No. 189/2004, whereby the appellants have been found guilty for the offence punishable under Section 302/34 of IPC and have been sentenced to undergo life imprisonment.

(2.) It is to be noted that appellant No.4 Bahadur died on 15.03.2013, during the pendency of the appeal and his name was deleted as per Court's order dated 24.01.2014, in such circumstances, the appeal, so far as it relates to appellant No.4 Bahadur stands abated.

(3.) The brief facts leading to this appeal as discerned from the prosecution case are that on 31.12.2003 a programme for celebrating the New Year was organized in the house of PW-6 Lakhanlal, who had arranged for sound box and light decorations. On 01.01.2004, at 12.30 a.m, the programme got over and the guest all left the place, except for PW-4 Bappa @ Kuldeep Saini, PW-6 Lakhanlal, PW-7 Rinku Gonthiya and Ashok Kumar (deceased). After few minutes the accused persons namely Ajay Kol, Nokhelal, Rajuwa and Bahadur came, armed with sword, hockey stick and lathi respectively. An argument ensued between the appellants and the deceased on account of speaker set and decoration material. It is alleged that all the appellants repeatedly struck the deceased Ashok with their weapons, who fell down. The victim was thereafter dragged and thrown into a culvert. PW-6 Lakhanlal and others brought the unconscious Ashok to Police Station Ranjhi from where he was sent to hospital for treatment. However, on reaching the hospital Ashok was declared dead by P.W.-11 Dr. T.R. Digra.