KRIPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals arise out of the judgment dated 17-12-1986 rendered by the Special Judge, Chhatarpur in Special Case No. 127 of 1984. Therefore, they are heard together and disposed of by this common judgment.

(2.) Both the appellants were prosecuted for the offence of kidnapping Rakesh, robbing him for his gold ornaments, committing his murder and throwing his dead body in a Nala so as to cause disappearance of evidence punishable under Sections 364. 394, 302/34 and 201 of the Indian Penal Code, The trial Court has convicted the appellant Kripal Singh only under Section 364 of the Indian Penal Code and sentenced him to RI for seven years and to pay a fine of Rs. 1,000/-, in default to undergo RI for further six months, while appellant Hirdai Singh has been convicted under Sections 302/34, 394 and 364 of the Indian Penal Code and sentenced to imprisonment for life; RI, for seven years and to pay a fine of Rs. 1,000/-, in default to undergo further RI for six months and R.I for seven years and to pay a fine of Rs. 1,000/-, in default to undergo further R.I. for six months respectively. No separate sentence for the offence under Section 201 of the Penal Code has been awarded. The sentences have been ordered to run concurrently.

(3.) Accused Jeevanlal died during trial and accused Hardas is absconding.