BHIM SEN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these Criminal Appeals are being decided by this common judgment, as the facts and documents referred to are taken from Criminal Appeal No.2514/2008.

(2.) Accused Munna @ Vijay Narayan, Shiv Kumar Singh, Bhimsen Singh and Rambahadur Singh were tried under Section 302 and 324 of Indian Penal Code (hereinafter referred to as 'IPC' for brevity), for committing murder of Ku. Khushbu Singh and causing simple injuries to her father Rajol Singh (PW/6).

(3.) By giving the benefit of doubt, the trial Court acquitted accused No.2-Shiv Kumar Singh and accused No.4- Rambahadur Singh under Section 302 and 324 of IPC but convicted appellant-Munna @ Vijay Narayan under Section 302 of IPC and sentenced him to imprisonment for life along with fine of Rs.2000/-, in default of payment of fine amount, additionally he is sentenced to undergo R.I. for 3 years, but acquitted appellant-Bhimsen Singh under Section 302 of IPC and convicted under Section 324 of IPC and sentenced him for 3 years R.I. along with fine with default stipulation, by impugned judgment dated 28.11.2008, passed by Additional Sessions Judge, Satna, District Satna (MP), in S.T.No.71/2002. Both these appeals have been filed by appellant-Bhim Sen (in Cr.A.No.2514/2008) and appellantMunna @ Vijay Narayan (in Cr.A.No.2666/2008) under Section 374(2) of the Code of Criminal Procedure, 1973.