LAWS(MPH)-2019-1-31

JAIKARAN SINGH Vs. STATE OF M P

Decided On January 03, 2019
JAIKARAN SINGH Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Criminal Appeal No.128/2001 originates out of judgment dated 31.01.2001 passed by the First Additional Criminal Appeal Nos. 128/2001 & 997/2015 Sessions Judge, Bhind in Sessions Case No.221/1997, whereby Sessions Judge has convicted appellant Jai Karan Singh under Section148 of IPC and sentenced to 2 years RI with fine of Rs. 500/-. He has been convicted under Section 302 of IPC read with Section 149 of IPC and sentenced to life imprisonment with fine of Rs.500/- for murder of Mulayam Singh @ Harnam Singh. He has also been convicted for murder of Narendra Singh under Section 302 IPC read with Section 149 IPC and sentenced to life imprisonment with fine of Rs. 500/-. He has also been convicted under Section 307 of IPC read with Section 149 IPC and sentenced to 5 years RI, with default stipulation.

(2.) Criminal Appeal No.997/2015 has been filed by appellant Ramadhar S/o Bhagirath being aggrieved by judgment dated 07.10.2015 passed by the First Additional Sessions Judge, Bhind, in Sessions Case No. 221/1997, whereby Sessions Judge pointing out that this appellant Ramadhar was absconding for a period of six years when for a very silly incident two persons were murdered and one was attempted to be murdered, convicted the appellant Ramadhar under Section 302/149 of IPC and sentenced to life imprisonment with fine of Rs.5,000/-, with default stipulation, for causing death of Mulayam Singh @ Harnam Singh. Similarly for death of Narendra Singh, he has been convicted under Section 302/149 and sentenced to life imprisonment with fine of Rs. 5,000/-, with default stipulation. He has also been convicted under Section 307 IPC for causing grievous injury to Ramesh Singh and sentenced to 10 years RI with fine of Rs.5,000/- with default stipulation. He has also been convicted under Section 148 of IPC and sentenced to 1 year's R.I. It was also directed that all the sentences were to run concurrently.

(3.) As far as appellants Hari Singh and Bhanu Pratap Singh, who had filed connected Criminal Appeal No.153/2001, are concerned, they have died and, therefore, their appeal has already abated. Therefore, role and guilt of Jaikaran Singh who has filed Criminal Appeal No.128/2001 and Ramadhar who has filed Criminal Appeal No.997/2015 is to be seen under the facts and circumstances of the case.