ABHAY S. OKA, RAJESH BINDAL
Shiv Mangal Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Abhay S. Oka, J.
1. Heard learned counsel for the parties.
FACTUAL ASPECTS
2. This is a case where, on 15th March 2006, the present appellant, along with other co-accused, committed the murder of three persons. According to the case of the prosecution, the incident occurred at about 7 p.m. on 15th March 2006 at Village Khaira Kasar, PS Jujharnagar. It is alleged that the accused persons formed a wrongful assembly with the common object of murdering Rambabu, Dileep and Babbu. The accused were armed with deadly weapons, such as a country-made pistol, lance, javelin, battle-axe, axe and sticks. Apart from killing three persons, they caused injuries to one Bhola and Smt. Shanti. The Sessions Court convicted the appellant for the offence under Section 302, read with Section 149 (on three counts) of the Indian Penal Code, 1860 (for short, ‘the IPC’). Three other co-accused were also convicted for the same offence. All the accused were sentenced to undergo life imprisonment with a direction that their imprisonment shall continue for the rest of their lives. In the appeal preferred by the present appellant, the High Court has confirmed the sentence.
3. The learned counsel appearing f
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