JUDGMENT

Milind Ramesh Phadke, J. - The judgment passed in this appeal shall also govern the disposal of connected Criminal Appeal No.91/2001 (Raghunath @ Jagna Vs. State of Madhya Pradesh) since the connected appeal has arisen from the common judgment passed by the learned Trial Court.

2. Feeling aggrieved by the judgment of conviction and order of sentence dated 16.12.2000 passed by the Learned Additional Sessions Judge, Ashoknagar, District Guna, in Sessions Trial No.106/2000, convicting appellants of this appeal as well as appellants of connected Criminal Appeal No.91/2001 under Sections 302 /34 of IPC and thereby sentencing them to suffer life imprisonment, the appellants have preferred this appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

3. In brief, the case of prosecution is that deceased Sanjeev Kumar was a student of Class Xth and used to go to Shadhora for his studies. Accused Jagna @ Raghunath, Babulal and witness (PW-2) Brijbhan were also studing with him. On 01.01.2000, when deceased Sanjeev Singh was going for taking tuitions at Shahdhora that on the way he met the accused Jagna @ Raghunath and Bablu. They both asked Rs.100/- for speculating (Satta) but Sanjeev Singh refused to give them the money. When he was returning from Shadhora to his home at Sadmura at about 12.30 p.m. that on the way at Kundalpur Ka Bag he met both the accused persons. As witness Brijbhan (PW.2) who was accompanying the deceased on another cycle had a flat tyre, he was laid back at a cycle shop for pumping up the tyre and in the mean while deceased moved ahead. The accused persons obstructed his way, accused Babulal caught hold off his hands and accused Jagna @ Raghunath took out a knife out of his pocket and inflicted injury above right eye. As deceased Sanjeev Kumar cried in pain, Babulal freed his hands and gave a lathi blow on his left hand and when deceased Sanjeev Kumar retaliated accused Jagna @ Raghunath took lathi from Babulal and gave a lathi blow on the back of deceased. Hearing the hue and cry Harveer Singh (PW.1), Brijbhan (PW.2) and Randheer Singh (PW.3) came on the spot. Along with the present accused persons, accused Raghuveer, Munesh and Lakhan armed with lathi were also present on the spot and were extorting to kill deceased Sanjeev Kumar.

4. Since Sanjeev was badly injured he was picked up by Harveer Singh, Brijbhan and Randheer Singh and while they were bringing him home, he fell down in front of house of Imrat Singh, so leaving deceased the others went to the house of the deceased to inform his family members. After sometime as he regained strength somehow he managed to reach home, there he told the incident to his family member and then along with his father and brother went to Police Station Shadhora and lodged the report Ex. P/10 on the basis of which F.I.R. was registered vide Crime No.1/2000. Immediately he was sent for medical examination, but during treatment on 02/01/2000 Sanjeev Kumar succumbed to his injuries and died.

5. Since one of the accused Lakhan s/o Khema was absconding from the date of incident, challan was submitted in his absence, after declaring him as absconding.

6. The Investigating Officer, Anil Tripathi (PW.11) on receiving the information recorded the statements of Mahendra, Laljiram, Kamar Bai and arrested accused Jagna @ Raghunath and Babulal on 07/01/2000 when they themselves surrendered in the Police Station vide arrest memo Ex.P/14. At the behest of accused Jagna @ Raghunath a knife was recovered vide Ex. P/7 and one lathi was recovered from accused Babulal vide Ex.P/6. On 1.1.2000 Dr. P.K. Pathak (PW.7) examined the deceased for the first time and vide MLC Ex. P/8 found following three injuries on his person:

'i) One Lacerated wound 2 X 1/2 X 1/2 cm on left eye lid with blood oozing out.

ii) One contusion on upper limb 2 X 2 cm.

Iii) pain in lumber region on right side.'

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