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2012 Supreme(MP) 1257

IN THE HIGH COURT OF MADHYA PRADESH
S. K. GANGELE, G. D. SAXENA, JJ.
CHANDER SINGH – Appellant
Versus
STATE OF M. P. – Respondent
Cri. Appeal Nos. 428, 465, 505 and 535 of 1998
Decided On : 29-03-2012

Advocates:
Advocate Appeared:
For the Appellant : V. K. Saxena,Rajeev Upadhyaya,Ankit Saxena
For the Respondent: Vivek Khedkar

JUDGMENT :

G. D. SAXENA, J.

1. The aforesaid four appeals arise out of the impugned judgment and order of conviction and sentence dated 14th August 1998 rendered in Sessions Trial No. 81/1996 by the Additional Sessions Judge, Sironj district Vidisha (M.P.). Since the judgment and order challenged in these criminal appeals is one, all the appeals are herewith taken up together for disposal.

2. The appellants herein stood their trial on the charges levelled against them before the learned Additional Sessions Judge and they were convicted and sentenced as following :-

    (a) for the offence punishable under section 147 of Indian Penal Code, they were sentenced to suffer one-one year's rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of which they were directed to suffer additional six-six months' rigorous imprisonment;

(b) for the offence punishable under section 148 of Indian Penal Code, they were sentenced to suffer one-one year's rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of which they were directed to suffer additional six-six months' rigorous imprisonment;

(c) for the offence punishable under section 427 of Indian Penal Code, they were sentenced to suffer two-two years' rigorous imprisonment with a fine of Rs. 2,000/- each, in default of payment of which they were directed to suffer additional six-six months' rigorous imprisonment;

(d) for the offence punishable under section 323/149 of Indian Penal Code for causing simple hurt with common intention to an injured Khushidas, they were sentenced to suffer one-one year's rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of which they were directed to suffer additional six-six months' rigorous imprisonment;

(e) for the offence punishable under section 323/149 of Indian Penal Code for causing simple hurt with common intention to an injured Narayandas they were sentenced to suffer one-one year's rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of which they were directed to suffer additional six-six months' rigorous imprisonment;

(f) for the offence punishable under section 302/149 of Indian Penal Code for causing murder of Radhedas in prosecution of their common object, they were sentenced to suffer imprisonment for life with a fine of Rs. 10,000/-, in default of payment of which they were directed to suffer additional two-two years' rigorous imprisonment;

(g) for the offence punishable under section 302/149 of Indian Penal Code for causing murder of Uttamdas in prosecution of their common object, they were sentenced to suffer imprisonment for life with a fine of Rs. 10,000/-, in default of payment of which they were directed to suffer additional two-two years' rigorous imprisonment; and

(h) for the offence punishable under section 302/149 of Indian Penal Code for causing murder of Khumandas in prosecution of their common object, they were sentenced to suffer imprisonment for life with a fine of Rs. 10,000/-, in default of payment of which they were directed to suffer additional two-two years' rigorous imprisonment. All the sentences were directed to run concurrently-. By the same judgment, the learned trial Court has acquitted Jagannath Singh, Hukum Chand, Bhaiyalal, Ganeshram, Mohan Singh, Mungalal, Mohar Singh, Bhanwarji, Pyarsingh, Chander Singh son of Roop Singh and Dashrath Singh.

3. Facts in short as came out from the evidence led before the trial Court which are just necessary for the disposal of the appeals are that on 11th July 1995 at around 1 o' clock at the agricultural field known as Roopawalal Donga, which was purchased by the complainant side prior to one year ago from Roopa Banjara, when complainant Khushidas accompanied with his four other brothers, namely, Khumandas, Uttamdas, Radhedas and Narayandas went to the said place on a tractor to plaugh the field, at that juncture, accused twenty in number having lathis, farsas and 12 bore guns came there. They restra

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