KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this judgment Criminal Appeal No. 334/02 arising out of the same impugned judgment filed on behalf of other accused namely Vikas machle is also being decided.

(2.) THE appellants of both the appeals have filed their appeals under Section 374 of the Code of Criminal Procedure being aggrieved by the impugned judgment dated 24/5/02 passed by the 12th Additional Sessions Judge, Gwalior in S. T. No. 413/99 convicting the appellant Kamal Singh of Criminal Appeal No. 254/02 for the offence under section 307 of the Indian Penal Code with the sentence for five years R. I. with fine of rs. 2,000/- while the appellant Vikas Machle of Criminal Appeal No 334/02 has been convicted under Section 307/34 of I. P. C. and punished with only fine of Rs. 8,000/- by the principal Magistrate of the Juvenile Court, gwalior vide impugned judgment dated 12/ 6/02.

(3.) THE facts giving rise to this appeal in short are that on dated 21/3/99 at about 10-40 in the morning, Sanjay Sharma (PW-6)accompanied with Pramod Singh, Deepak and Shailendra Singh lodged the first information report (Ex. P/12) at Police Station Morar, District Gwalior to the effect that he is a student of 10th Class in Amar jyoti Convent School situated in Suresh nagar. One Kulwant Rawat is also studying in the same school with him. Kulwant rawat always used to insist him to spend some money unnecessarily in the school. On asking him not to do the said thing, the complainant was threatened by Kulwant Rawat that if he will not spend sums then he will put him in the bad condition. Such threatening was not taken seriously by the complainant. Thereafter, it is alleged that today at about 10-15 in the morning in front of the school the said Kulwant Rawat came along with appellant Kamal Andewala to the complainant-Sanjay Sharma. Then the complainant was caught hold by Kulwant rawat and appellant Kamal Andewala inflicted a blow of knife in his stomach. Resultantly on sustaining injury, bleeding was started. The complainant was rescued by Pramod, Deepak and Shailendra Singh. The said blow was given by the appellant kamal Andewala to cause his death. Mohammad Yusuf and appellant Vikash machle were insisting the aforesaid co-accused for beating the complainant. After registering the offence the victim was sent to the hospital whereafter preparing his mlc report some surgery of alleged injury was carried out. After holding investigation, the charge-sheet for the offence under Sections 307, 341/34 of I. P. C. was filed against both the appellants and. other co-accused namely Mohammad Yusuf. One of the co-accused namely Kulwant Rawat was shown to be absconded in the aforesaid charge-sheet. As per procedure, the case was committed to the Court of Sessions where the charge for commission of offence under Section 307/34 of I. P. C. was framed against appellant Vikas Machle while the appellant kamal Andewala was charged for the offence under Section 307 and in alternative under Section 307/34 of I. P. C. They abjured the same. On which the evidence was recorded. On appreciation of the same, the appellants along with other co-accused are convicted as mentioned above.