These batch of appeals are filed challenging the common

judgment passed in S.T. No. 169/2010 dated 05.01.2016 by learned

Sessions Judge, Hoshangabad whereby out of 15 accused persons, 4

were acquitted and 11 were convicted for committing offences under

5

Sections 302 read with 149 and 201 of the IPC. The accused persons

were convicted and sentenced by the trial Court as under -

Sr.

No.

Name of appellant Conviction under Section Sentence

4.

5.

6.

7.

8.

9.

10.

11.

Bablu @ Sada

Pawan Mourya

Mukku @ Mukul

Ankur Mehta

Anshul Sehgal

Shankar Mihani

Sachin Binekia

Deepak @ Golu

Gajraj

Ghanshaym

@

Bheda

Tukku @ Vikram

@ Vikki

Hitesh @ Chhota

Sunni Mehra

302/149 (on two counts for

murdering Munnu @

Mrityunjay Upadhyay and

Sachin Tiwari)

Life imprisonment

with fine of Rs.

2,000/- and in

default to undergo

R.I. for three months

(on each count)

201 of IPC (on two

counts)

R.I. for 7 years with

fine of Rs. 2,000/-

and in default to

undergo R.I. for

three months (on

each count)

As per the case of prosecution, on 18.02.2010 near a marriage

hall, at Itarsi, the main accused Shankar Mihani along with other

accused persons pressurized Sachin Tiwari (deceased) to give an

affidavit in favour of accused Anshul. The friend of Sachin namely

6

Munnu @ Mritunjay opposed the same. Accused Anshul assaulted

Munnu by means of fists and quarrel began from this incident. During

altercation and exchange of heat, appellant Shankar Mihani directed

other accused persons to take Munnu and Sachin to Azad Panja

Crossing. Munnu and Sachin Tiwari were under the influence of liquor

and therefore they could not resist much. All the accused persons took

them on their foot to Azad Panja Crossing. Accused Golu Mehra

brought motorcycle of Munnu @ Mritunjay to Azad Panja Chowk. At

this place again Shanker Mihani pressurized Sachin to give an affidavit

in favoaur of accused Anshul. Sachin Tiwari and Munnu did not

succumb to such pressure. During heated altercation on this, all the

accused persons by means of sharp weapons assaulted Sachin and

Munnu. Munnu and Sachin died at Azad Panja Chowk. A person riding

a horse i.e. Gullu (PW-8) had seen the said incident. Shankar Mihani

directed other accused persons to bring that horse rider. Two accused

persons tried to bring the said person but their effort could not fetch

any result. Both the dead bodies were thrown in the field of Raja Patel.

Accused Takku had removed the chain from the neck of Munnu and

kept his purse with him.

Cr. A. No.408 of 2016 :

Contention of Appellant’s Counsel :

The story of prosecution further shows that Munnu left his house

on 18.02.2010 at around 7:30 PM but did not return back to his house

situated at Gandhi Nagar crossing. The family members unsuccessfully

tried to get information about him. Brother of Munnu, namely

7

Gyanendra Kishore Upadhayay lodged a missing person report on

19.02.2010 at Serial No. 20/10 in Roznamcha Sanha No. 1472. During

search of Munnu, his brother came to know that friend of Munnu,

Sachin Tiwari is also missing and did not return to his house. During

the search of both of them, their dead bodies were found near Boodhi

Mata Mandir road in the field of Rajesh Patel. The motorcycle of

Munnu was also found nearby. The FIR was registered against

unknown persons for committing offence under Section 302 read with

34 of IPC.

4.

The investigation was initially conducted by A.S.I. Ramkumar

Dhariya (PW-41). However, as submitted by learned Sr. counsel for the

appellant, midway, on verbal direction of Superintendent of Police

(SP), the investigation was handed over to A.S.I. Anil Bajpai (PW-40).

He conducted the investigation with effect from 24^th Feb., 2010. This

new Investigating Officer Shri Bajpai recorded the statement of Manoj

Rajwanshi (PW-6) and Gullu @ Gaya Prasad (PW-8). On the basis of

statement of Manoj Rajwanshi (PW-6), a story of conspiracy inside

Hoshangabad Jail was prepared. It is alleged that main accused

Shankar Mihani was the mastermind of the conspiracy. However, co-

accused Pawan Raj and