NAGESH AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed these two appeals under Section 374(2) of the Code of Criminal Procedure, 1973 assailing the impugned judgment passed by Additional Sessions Judge, Burhanpur in Sessions Trial No.275/2006. Since all these appeals are arising out of same incident, therefore, they are heard together and are being decided by this common judgment.

(2.) Appellant-Bhagwan in Criminal Appeal No.1318/2007 and appellant No.1-Nagesh, appellant No.2-Jasram, appellant No.3-Mohandas, appellant No.4-Ateesh, appellant No.5-Hukum, appellant No.6- Om and appellant No.7-Hiralal in Criminal Appeal No.1389/2007 were tried under Sections 147, 148, 302, 307/149 (on two counts), 307/149, 323/149 of IPC. The appellant-Bhagwan in Criminal Appeal No.1318/2007 and appellant No.2 and 3 in Criminal Appeal No.1389/2007 were tried also under Section 25 (1-B)(b) of the Arms Act. 1959 for committing murder of deceased-Jai and causing injuries to injured Vijay (PW1), Raja (PW-2) and Ajay (PW-3).

(3.) The trial Court convicted all of them under Sections 148 of IPC and sentenced to three years RI with fine of Rs.500/- each, in default of payment of fine, further RI for three months each, under Section 302/149 of IPC and sentenced to life imprisonment with fine of Rs.1,000/- each, in default of payment of fine, further RI for one year each, under Section 307/149 of IPC (two count) and sentenced to seven years RI with fine of Rs.500/- each, in default of payment of fine, further RI for six months (two count) each, under Section 323/149 of IPC and sentenced to six months RI with fine of Rs.200/-each, in default of payment of fine, further RI for one month each. Appellant No.2-Jasram and appellant No.3-Mohandas in Criminal Appeal No.1389/2007 are also convicted under Section 25 (1- B)(b) of Arms Act and sentenced to three years RI with fine of Rs.500/- each, in default of payment of fine, further RI for three months each and that all the sentences shall run concurrently.