(1.) These two appeal Cr.A. No. 65/1995 and Cr.A. No. 1971/2001 have been filed against a common judgment dated 14/11/1994 passed in Sessions Trial No. 115/1992.
(2.) Criminal Appeal No. 65/1995 has been filed by appellant Cr. A. No. 65/1995 and 1971/2001. Sikku @ Madhav who has been convicted by the trial court for commission of offence of murder. Criminal Appeal No. 1971/2001 has been filed by the State. Initially seven accused persons were prosecuted for commission of offence. The trial court convicted appellant-Sikku and acquitted other accused persons. State has filed appeal against acquittal of six accused persons. During pendency of appeal accused Prakash Yadav who is respondent in the State appeal has been died, the appeal filed by him is abated on account of his death.
(3.) Prosecution story in brief is that on 03/06/1991 deceased Sabbir along with Fulle @ Gudda Chourasia and Harprasad had gone to attend function of lagun. They were talking to each other. At that time accused Sikku armed with sword, Raju with Ballam, Prakash with lathi, Ganesh armed with Khukhari and Asgar with small knife came there. They had beaten them. Sikku inflicted a blow of sword on the head of Sabbir. Ganesh inflicted a blow of Khukhri on his stomach Raju, Prakash and Asgar had also beaten them. Prakash had inflicted a blow at Gudda Chourasia thereafter they ran away from the spot. Deceased Sabbir was taken to the hospital. Fulle @ Gudda Chourasia lodged report at the police station Damoh. Deceased was referred to medical college where he was died. Police conducted investigation and filed charge-sheet. During trial appellants abjured their guilt. The trial court acquitted six accused persons except accused Sikku Patel. Accused Sikku Patel has been convicted for commission of offence of murder and awarded sentence of life.
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