KILLU @ KAILASH AND OTHERS Vs. STATE

JUDGEMENT

(1.) These two appeals have been filed against the common judgment dated 19.12.2008 passed in Sessions Trial No.173/2005, by the Court of Ist Addl. Sessions Judge, Damoh. Five accused were prosecuted for commission of offence punishable under Section 302/149 of IPC.

(2.) Cr. Appeal No.2678 of 2008 has been filed by the appellants namely; Killu @ Kailash, Himmu @ Hemchand, Devendra and Khushiram and Cr. Appeal No.158 of 2009 has been filed by appellant namely; Kailash Nayak. All the appeals are heard together and decided by this common judgment.

(3.) Prosecution story, in brief is that, accused/appellant No.4 Khushiram in Cr. Appeal No.2678 of 2008, who is uncle [mousia] of the son of the deceased, had some enmity with Balaprasad Pathak [since deceased]. He along with other accused persons entered in the house of Balaprasad Pathak in the mid night [2 O'clock] of 23.05.2005. Deceased was sleeping with his family members. Accused/appellants in [Cr. Appeal No.2678/2008] namely; Khushiram and Himmu @ Hemchand were armed with axe, appellant Devendra was armed with Ballam and other two accused namely Killu @ Kailash and Kailash Nayak were armed with lathi. Two accused persons namely; Khushiram and Himmu @ Hemchand [appellants No. 2 and 4 in Cr. Appeal No.2676/2008] inflicted injuries by axe on the person of deceased. Allegation against other accused persons is of extortion. Deceased was died on the spot. Report of the incident was lodged by (PW-5) Rameshwar Pathak. Police conducted investigation and filed chargesheet. During trial, appellants abjured their guilt and pleaded innocence. Trial Court after trial held the appellants guilty and awarded sentence as mentioned.