ASHOKPAWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these three appeals have arisen out of the same judgment; therefore, they are heard analogously and are being decided by this common order.

(2.) All the appellants have challenged their conviction and sentence of life imprisonment under section 302/34 of the IPC recorded by Special Judge, SC/ST Act, Rajgarh Biaora vide judgment dated 26.04.2017 delivered in Special Sessions Trial No.75/2015.

(3.) The prosecution had come before the Trial Court with a case that the deceased Rajkumar was having affair with the sister of the appellant Sunil. Annoyed by this he hatched a conspiracy with his cousins Pawan and Ashok and friend Rajesh to kill him. On 19th August, 2015 at about 07:00 in the evening they called him through Ashok on the pretext that they will deputize him with his lover. Ashok went to his house and took him with him towards Kurawar. Other appellants also joined them. On the way to Kurawar, they offered him drinks and had the same with him. When he was intoxicated, they strangulated him with a handkerchief and threw his body in the bushes to disappear the evidence of commission of the offence with intent to screen themselves from legal punishment and they have committed the offence knowingly that the deceased belongs to Scheduled Caste.