These Criminal Appeals take exception to the judgment dated

26.04.2023 passed in S.T. No. 544/2021 whereby the appellants Ravi

Kushwaha and Raja Kushwaha (in criminal appeal No. 6479 of 2023)

and appellant Vinay Kushwaha (in criminal appeal No. 7954 of 2023)

were held guilty for committing offences as under:

Appellants

Convicted under

Sections

Sentenced to undergo

1. Ravi Kushwaha

302 of IPC (on

two counts)

Death sentence to each

accused (on each count).

450 of IPC

R.I. for seven years and

fine of Rs. 10,000/-

307/34 of IPC

R.I. for seven years with

fine of Rs.10,000/-

324/34 of IPC

R.I. for one year with fine

of Rs. 1,000/-

323/34 of IPC

R.I. for six months with

fine of Rs. 1,000/-.

2. Raja Kushwaha

302 of IPC (on

two counts)

Death sentence to each

accused (on each count).

450 of IPC

R.I. for seven years and

fine of Rs. 10,000/-

307/34 of IPC

R.I. for seven years with

fine of Rs.10,000/- to

each accused.

324/34 of IPC

R.I. for one year with fine

of Rs. 1,000/- to each

accused.

323/34 of IPC

R.I. for six months with

fine of Rs. 1,000/- to each

5

accused.

3. Vinay Kushwaha

302 of IPC (on

two counts)

Death sentence to each

accused (on each count).

450 of IPC

R.I. for seven years and

fine of Rs. 10,000/-

307/34 of IPC

R.I. for seven years with

fine of Rs.10,000/-

324/34 of IPC

R.I. for one year with fine

of Rs. 1,000/-.

25(1-B)(b)

of

Arms Act

R.I. for one year with fine

of Rs. 1,000/-.

With the direction that the sentences under Sections 450, 307/34, 324/34, 323/34

of IPC and 25(1-B)(b) of Arms Act (only for Vinay Kushwaha) shall run

consecutively.

The criminal reference heard analogously is also answered in

this judgment.

Draped in brevity, the starting point of the case is lodging of

Dehati Nalishi by Golu Kushwaha (PW-1) wherein he stated that on

14.06.2021 at around 10:45 pm, he was taking dinner. Main gate of his

house was locked by him. He heard certain cries and found that by

jumping his boundary wall Vinay Kushwaha, Raja Kushwaha and

another boy entered the premises and started abusing him and his wife

Ruchi (PW-8). Raja Kushwaha caused injuries to him by means of

lathi. When his wife Ruchi tried to interfere, Vinay Kushwaha caused

injury by means of knife on several parts of her body. His child Prateek

was assaulted by Vinay by means of knife. He tried to chase them and

outside his house he came to know that Vinay and Raja caused injuries

by means of knife to Pushpraj and his wife Neelam. Thereafter police

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came and took the injured persons to medical hospital. Pushpraj was

brought dead to hospital. On the basis of Dehati Nalishi (Ex.P-1), a

FIR (Ex.P-47) in Crime No. 357/21 was registered and accordingly

investigation commenced. The injured persons namely Neelam

Kushwaha, Prateek Kushwaha, Golu Kushwaha and Ruchi Kushwaha

were taken to Medical Hospital and there statements as per their

version were recorded.

4.

After ‘Merg’ panchnama, post-mortem report of Pushpraj was

prepared. From the scene of crime, blood stained and simple soil were

collected and seized. The blood stained clothes of deceased and injured

persons were seized in Medical College. Later on, Neelam Kushwaha

succumbed to injuries on 23.06.2021. Before that her statement under

Section 161 of Cr.P.C was recorded on 16.06.2021. The appellants

were arrested on 30.06.2021. In the custody, their memorandum

statements were recorded and lathi and knives allegedly used in assault

were recovered from them. Accordingly, offence under Section 25 of

Arms Act was added. The seized material, after the query, were sent to

Forensic Science Laboratory (FSL), Sagar for examination. After

completion of investigation, the challan was filed before Judicial

Magistrate First Class (JMFC) Jabalpur. The said Court committed the

matter to the Sessions Court. The appellants abjured the guilt and

pleaded innocence. The Court below framed six questions for its

determination, recorded statements of 26 prosecution witnesses but no

defence witness was examined. After hearing the parties, the Co