IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA &

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

th HEARD ON THE 14 OF JULY, 2022 DELIVERED ON 13 ^th OCTOBER, 2022 CRIMINAL APPEAL No. 1150 of 2012 Between:-

DASHRATH S/O HARIRAM, AGED ABOUT 43 YEARS, VILLAGE

1. KHANDODA P.S. INGORIYA TEH. BADNAGAR, DISTT. UJJAIN (MADHYA PRADESH)

RAJARAM @ RADHKRISHAN S/O HARIRAM , AGED ABOUT 42

2. YEARS, VIL. KHANDODA,P.S. INGORIYA, TEHSIL BADNAGAR (MADHYA PRADESH)

MODIRAM S/O HARIRAM, AGED ABOUT 47 YEARS, VIL.

3. KHANDODA,P.S. INGORIYA TEHSIL BADNAGAR (MADHYA PRADESH)

.....APPELLANTS (SHRI VIVEK SINGH, LEARNED COUNSEL FOR THE APPELLANTS)

AND THE STATE OF MADHYA PRADESH GOVT. THRU. P.S. INGORIYA DISTT. UJJAIN (MADHYA PRADESH)

.....RESPONDENT (SHRI BHASKAR AGRAWAL, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

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CRIMINAL APPEAL No. 1165 of 2012 Between:-

MODIRAM S/O GANGARAM, AGED ABOUT 50 YEARS, VILLAGE-

1. KHANDODA, P.S. INGORIYA, TEH. BADNAGAN, DIST. UJJAIN (MADHYA PRADESH)

KAILASH S/O GANGARAM, AGED ABOUT 40 YEARS, VIL.

2. KHANDODA, P.S. INGORIYA, TEHSIL BADNAGAR (MADHYA PRADESH)

KAMAL @ SANDEEP S/O MODIRAM , AGED ABOUT 26 YEARS, VIL.

3. KHANDODA, P.S. INGORIYA, TEHSIL BADNAGAR (MADHYA PRADESH)

.....APPELLANT (SHRI MANISH KUMAR VIJAYWARGIYA, LEARNED COUNSEL FOR THE APPELLANTS)

AND THE STATE OF MADHYA PRADESH GOVT. THROUGH P.S.

INGORIYA, DIST. UJJAIN (MADHYA PRADESH)

.....RESPONDENT/STATE (SHRI BHASKAR AGRAWAL, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

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CRIMINAL APPEAL No. 985 of 2014 Between:-

THE STATE OF MADHYA PRADESH GOVT. THRU. P.S. INGORIYA, DISTT.UJJAIN (MADHYA PRADESH)

.....APPELLANT (SHRI BHASKAR AGRAWAL, LEARNED GOVERNMENT ADVOCATE FOR THE RESPONDENT/STATE)

AND HARIRAM S/O MOTILAL JAAT, AGED ABOUT 86 YEARS, KHANDODA,P.S.INGORIYA (MADHYA PRADESH)

.....RESPONDENT (SHRI VIVEK SINGH, LEARNED COUNSEL FOR THE RESPONDENT)

These appeals coming on for orders this day, JUSTICE AMAR NATH (KESHARWANI) passed the following:

JUDGMENT

(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:-

Sec. 302 r/w 149 of I.P.C. Life Rs.5000/- 1 year R.I.

Imprisonment So far as appellant No.2- Radhakishan @ Rajaram is concerned, the details of his conviction is as under:-

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:-

(2) Prosecu