KADORI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) It is stated that appellant No.3 Hai Singh alias Hari Singh has died during the pendency of the appeal. Thus, the present appeal in respect of Hai Singh alias Hari Singh stands abated. It is also stated by the learned counsel for the parties that appellant no.1 Kadori has already served the entire sentence, hence no adjudication on merit is required. Thus, the present appeal survives in respect of appellant no.2 Jai Singh, appellant no. 4 Bhan Singh and appellant no.5 Ram Krapal.

(2.) In the instant appeal, a challenge has been made to the order of conviction and sentence dated 14-03-2005, passed by Additional Sessions Judge, Nowgong, District Chhatarpur in S.T.No.211/2002, where by the appellants have been convicted under section 148 of IPC to undergo imprisonment for one year, under section 302/149 of IPC to undergo imprisonment for life and fine of Rs.3000/-, in default, to suffer further one year simple imprisonment and under section 201 of IPC to undergo imprisonment for 3 years and fine of Rs. 1000/-, in default, to suffer further 3 months simple imprisonment.

(3.) Prosecution case in brief is that on 07-05-2002, at about 7.30 A.M., accused/appellant no.3 Hai Singh alias Hari Singh dashed the deceased Hari Chandra by Truck No.URB-6416, which he was driving. At that time, the deceased Hari Chandra was going to Harpalpur on a bicycle with milk canes. It is alleged that after the dash from the truck, the deceased fell down and thereafter he was assaulted by accused Jai Singh with a spear(Barchhi).