KALYAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this common judgment being passed in Criminal Appeal No.349/2000, another pending Criminal Appeal No. 360/2000 is also being decided as both of them have arisen out of the judgment dated 1st May, 2000, passed by First Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No. 70/1995, whereby each of the appellants of both these appeals has been convicted under Section 302/149 of IPC and sentenced to life imprisonment with fine of Rs.1000/- with default stipulation; under Section 325/149 of the IPC to undergo two years RI; under Section 323/149 of the IPC to undergo six months RI; under Section 147 of the IPC to undergo one year RI; and, under Section 148 of the IPC to undergo 1-1/2 years RI, and it was also directed that all the jail sentences of each appellant shall run concurrently.

(2.) It would be significant to mention here that original appellant No.2-Mulua S/o Girvar Singh of Criminal Appeal No. 360/2000, who was father of appellant Veerendra and was also convicted and sentenced like other appellants, died during pendency of relating criminal appeal, hence the appeal stood abated in reference to Mulua and his name has been deleted from the array of appellants.

(3.) Undisputedly, complainant Kesharbai (PW-1) is the wife of deceased Maujilal and Rajbahadur (PW-2) is their son and Bhuribai (PW-3) is sister-in-law (Jethani) of the complainant and admittedly there was enmity between families of complainant and appellants due to panchayat elections.