RADHESHYAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As these appeals have been filed under Section 374 of the Code of Criminal Procedure by the accused persons being aggrieved by the common conviction judgment dated 28.05.2007 passed by III Additional Sessions Judge (Fast Track), Khandwa in Session Trial No. 18/2006, whereby the appellants/accused persons have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced them for life imprisonment with fine of Rs. 200/- each with default stipulations, we propose to deal with the appeals analogously and dispose of the appeals by this common order.

(2.) It is not in dispute that Narsingh (since deceased) was the driver of the mini truck. Appellant-Brijlal was the owner of mini truck bearing registration No.MP-16-A-3325.

(3.) The prosecution story in brief is that in the intervening night of 1 st and 2 nd October, 2005, Narsingh (since deceased) along with cleaner appellant-Guddu took the vehicle to Harda. Narsingh stopped at petrol pump near the Railway Station and went to the city for his personal work, leaving the truck with Guddu. When he returned, he did not find the truck and Guddu was also missing. On enquiry, he came to know that Guddu took the mini truck to Khirkiya by-pass. Narsingh along with Raju and one other person went to Khandwa naka, where the truck was stationed. Narsingh started beating Guddu, due to which a quarrel took place. Then Narsingh took the truck to Bhirangi gate from where Guddu ran away. When Narsingh came to Khirkiya, he met Brijlal who arranged diesel for the truck.