NARENDRA @ NINDU Vs. STATE OF M P

JUDGEMENT

(1.) The instant appeals have been filed under Section 374(2) of the Code of Criminal Procedure [for brevity 'the CrPC'] challenging the judgment dated 23-5-2009 passed by the learned 1st Additional Sessions Judge, Narsinghpur in S.T. No.100/2008 [State of M.P. vs. Ramphal and others], whereby the accused-appellants have been convicted and sentenced as under:

(2.) In Criminal Appeal No.1086/2009 the appellant No.1, Ramphal and appellant No.4, Govind @ Baddu have been enlarged on bail as their jail sentence has been suspended. In Criminal Appeal No.1152/2009 sentences of both the appellants have been suspended by this Court and they are on bail.

(3.) According to the case of the prosecution, on the date of the incident, i.e. 16-4-2008 at about 08:00 a.m. the appellant Ramphal went to the house of the deceased Ganesh and enquired that why was he suspecting him and his sons to fill boring. Some heated words were exchanged between the parties. It is alleged that the other accused persons armed with lethal weapons came at the place of the incident in furtherance of their common object in order to cause death of the deceased-Ganesh. They also caused injuries to Sheelabai and Dalchand, the wife and son of the deceased.