ASHOK SINGH Vs. STATE OF M P

JUDGEMENT

(1.) At the outset, it is submitted by the learned counsel for the appellants that in Criminal Appeal No.825/2004 appellant No.3- Bholasingh son of Balveer Singh has died, and therefore, his name has been deleted.

(2.) Criminal Appeal Nos. 825/04 and 46/05 have been filed by the appellants being aggrieved by the judgment dated 6.11.2004 passed in Sessions Case No.212/01 by the Court of Sixth Additional Sessions Judge (Fast Track Court), Bhind, wherein criminal trial was initiated against seven accused persons. One Nahar Singh was acquitted vide judgment dated 6.11.2004 and later on absconding accused Sipahi Ram @ Sipahilal too was acquitted by the learned Additional Sessions Judge vide judgment dated 2.12.2004. Appellants in Criminal Appeal Nos.825/04 and 46/05 have been convicted under Section 302/149 of IPC with life imprisonment and fine of Rs.1,000/-. Appellants Rajveer and Satyabhan have also been convicted under Section 148 of IPC with two years RI and appellant Ashok has been convicted under Section 147 of IPC with two years RI. Similarly, appellantKamlesh has been convicted vide separate judgment dated 17.11.2015 passed by the Court of 4th Additional Sessions Judge, Bhind, under Section 302 read with Section 149 of IPC with life imprisonment and fine of Rs.50,000/- and in default of payment of fine further one year RI. He has been further convicted under Section 148 of IPC with two years RI with fine of Rs.1,000/- and in default of payment of fine further RI of three months.

(3.) It is submitted that appellants Ashoksingh, Satyabhan and Rajveer are on bail, whereas earlier Rajveer was in custody from 24.6.2001 to 7.4.2004, Ashok was in custody from 24.6.2001 to 16.5.2002 and Satyabhan was in custody from 26.7.2001 to 23.7.2002. Kamlesh was in custody from 15.8.2001 to 13.5.2002 and now he is in custody since 14.4.15.