RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under Section 374(2) of Cr.P.C. has been preferred by appellants/accused persons against the judgment dated 31.10.2006 passed by Fourteen Additional Session Judge, (Fast Track) Jabalpur (M.P.) in Sessions Trial No.497/2003, whereby the each appellants have been convicted for offences punishable under section 364 / 34 of IPC and awarded R.I. for ten years and fine of Rs.1,000/-; under Section 302 / 34 of IPC and awarded R.I. for life and fine of Rs. 1000/- and under Section 201 / 34 of IPC and awarded R.I. for seven years and fine of Rs.500/-, with default stipulations.

(2.) The case of prosecution in brief is that the complainant Rajkumar Jarolia resident of village Mangola lodged a report Ex.P-5 at around 10:50 p.m. in the night on 13.04.2003 at Police Station Panagar stating that on the same day at around 6:00-6:30 in the evening when he returned home he was informed by Rammu Kachi that at about 5:30-6:00 p.m. in the evening at Nagra-Podi road near Paan (beetle) shop of Manoj Mahere, appellant Rakesh, Gendlal, Babbu @ Lakshaman and Milan Yadav were assaulting Mukesh Jarolia by wooden planks and sticks and they had taken Mukesh forcibly with them by their motorcycle and went towards Nagna village. They were also threatening to kill Mukesh. After getting this information, Rajkumar mounted the search of his son Mukesh. He came near Pariat river where he found the dead body of Mukesh. There were multiple injuries found on person of body of deceased. He came to know that Guddu Badonia, Manoj and other witnesses were present at the time of incident at Paan Shop.

(3.) The Town Inspector, R.D. Bhardwaj Police Station, Panagar recorded the F.I.R. Ex.P-5 and Marg Intimation Ex.P-