JITENDRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the present appeals under Section 374(2) of the Code of Criminal Procedure, 1973 have been filed by the appellants against the impugned judgment of conviction and order of sentence dated 05.05.2009 passed by the learned First Additional Sessions Judge, Chhatarpur (M.P.) in Sessions Trial No.28/2009. Therefore, both the appeals were heard together and are being decided by this common judgment.

(2.) In Criminal Appeal No.1053/2009, the appellants Jitendra s/o Hariram Awasthy and Mahesh Mishra s/o Bhagwat Prasad Mishra have been convicted for the offence punishable under Section 302 / 34 of IPC and sentenced to R.I. for life and fine of Rs.2000/-; in default of payment of fine to undergo simple imprisonment for one month each. Appellant, Ashish Tiwari @ Baba in Criminal Appeal No.1227/2009 has been convicted for the offence punishable under Section 302 of IPC and sentenced to R.I. for life and fine of Rs.2000/-; in default to further undergo S.I. for one month and further convicted under Section 27 of the Arms Act and sentenced to R.I. for seven years and fine of Rs.500/-; in lieu of fine to further undergo S.I. for one month; all sentences to run concurrently.

(3.) Co-accused Ashwani Saxena also preferred separate Criminal Appeal No.1134/2009 against the impugned judgment of conviction and order of sentence dated 05.05.2009 and he was released from jail on 22.11.2012. At the time of commission of offence, he was juvenile, therefore, in view of the judgment of the Apex Court rendered in the case of Ashwani Kumar Saxena Vs. State of Madhya Pradesh reported as (2012) 9 SCC 750, the matter was ordered to be placed before the Juvenile Justice Board. But, since he had already suffered more than three years of jail sentence, the appeal has been disposed of vide order dated 01.12.2018.