(1)

The above criminal appeals are being decided by this common

judgment as all the appellants of CRA. No.1150/2012 and CRA

No.1165/2012 have been convicted and sentenced for murder of

“Nanji” and CRA. No.985/2014 has been filed against the acquittal of

accused- Hariram S/o Motilal Jaat. CRA. No.1150/2012 and CRA

No.1165/2012 have been preferred under Section 374 of the Code of

Criminal Procedure, 1973 and CRA. No.985/2014 has been filed under

Section 378 of the Code of Criminal Procedure, 1973 (in short

“Cr.P.C”) against the judgment dated 29.08.2012 passed by Sessions

Judge, Ujjain in Session Trial No.566/2009 whereby the appellants of

CRA. No.1150/2012 and CRA No.1165/2012 have been convicted and

sentenced as mentioned below:-

In CRA.No.1150/2012, the conviction of the appellant Nos. (1)

Dashrath and (3) Modiram S/o Hariram Jaat is as under:-

Conviction

Sentence

Section & Act

Imprisonment Fine deposited

details

Imprisonment

in lieu of Fine

Sections 147 & 148 of I.P.C.

1 year RI

---

---

--4-- Cr.A. No.1150/12, Cr.A. No.1165/12

Sec. 302 r/w 149 of I.P.C.

Life

Imprisonment

Rs.5000/-

1 year R.I.

So far as appellant No.2- Radhakishan @ Rajaram is concerned,

the details of his conviction is as under:-

Conviction

Sentence

Section & Act

Imprisonment Fine deposited

details

Imprisonment

in lieu of Fine

Sections 147 & 148 of I.P.C.

1 year RI

---

---

Sec. 302 r/w 149 of I.P.C.

Life

Imprisonment

Rs.5000/-

1 year R.I.

Sections 30 of the Arms Act. 6

months

imprisonment

----

---

In CRA. No.1165/2012, the conviction of the appellant Nos. (1)

Modiram S/o Gangaram Jaat (2) Kailash and (3) Kamal @ Sandeep is

as under:-

Conviction

Sentence

Section & Act

Imprisonment Fine deposited

details

Imprisonment

in lieu of Fine

Sections 147 & 148 of I.P.C.

1 year RI

---

---

Sec. 302 r/w 149 of I.P.C.

Life

Imprisonment

Rs.5000/-

1 year R.I.

(2)

Prosecution story, in brief, is that on 04.08.2009, at around 06:00

P.M., the complainant- Shriram(PW-1), and his father Nanji(deceased)

were riding on a motorcycle bearing registration No.M.P.-13-

MA/P9813 to their agricultural land to check Soyabean crop and apply

pesticide on it. The motorcycle was being driven by Nanji, the

complainant Shriram(PW-1) saw that all the accused persons were

--5-- Cr.A. No.1150/12, Cr.A. No.1165/12

standing on the road along with deadly weapons- Dharia, Farsi, 12

bore gun, and Lathi in their hands, therefore, he asked his father Nanji

to slow down the bike, after which, he(PW-1) jumped from the bike

and ran to the other side, one of the accused persons, Rajaram fired

upon the deceased Nanji and Nanji ran towards the agricultural land

belonging to Modiram, where the Nanji(deceased) was surrounded by

all the accused/appellants and they started assaulting Nanji, resulting in

injuries all over his body using Dharia, Farsi and Laathi. The deceased

Nanji received various grievous injuries and succumbed to his injuries

and blood loss on the spot, which were caused by the accused persons.

At the same time, Prithviraj(PW-2), Chainram, and Ganpat(PW-4), who

were coming from the other side, and seeing them, the

accused/appellants fled. Shriram(PW-1) narrated the whole incident to

his uncle Prithviraj(PW-2), then Prithviraj informed the police about the

said incident. After receiving the information about the incident, the

same was entered in the general diary (Roznamcha Sanha) at entry

No.170/04.08.2010 (Ex.D-7) by Shri Arvind Tambe, (PW-12), the then

Sub-inspector, Police Station- Ingoriya and proceeded to the spot and

reached there at around 08:00 P.M., and recorded Dehati Nalishi(Ex.P-

1) as per the information given by Shriram(PW-1), against the

appellants and accused Hariram and registered F.I.R.(Ex.P.-29) Crime

No.236/2009 under Sections 302, 147, 148 and 149 of I.P.C. During the

investigation, Panchnama of dead body(Ex.P-3) was prepared and body

of the deceased was sent for post