SONU JAIN Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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Sujoy Paul,J. -
(1.) These criminal appeals filed under Section 374 of the Cr.P.C are directed against the common judgment passed by learned 10th Sessions Judge, Ujjain in Sessions Trial No.556/14 decided on 23/02/2016.
(2.) The appellants are held guilty for the offence under section 302/34 and sentenced to undergo life imprisonment with fine of Rs.5000/- and in default of payment of fine, they shall further undergo five months RI. They are also held guilty for the offence under Section 294 of IPC and sentenced to undergo three months RI with fine of Rs.1000/- and in default of payment of fine, they shall further undergo one month RI.
(3.) As per prosecution story, a premises (Ahata) is situated at Nayi Sadak, Ujjain wherein liquor was being served to the customers. Deceased Kishore used to sit on the counter of said "Ahata". On 16/08/2014 at around 7 PM, appellants Santosh, Jiwan and Sonu visited the Ahata and ordered liquor and other food items. Akash (PW4) served the food and liquor to them. Since all the accused persons were frequent visitors of Ahata, Vinod was acquainted with them. After consuming liquor and finishing the food, appellants approached Kishore Panchal, who was manning the counter. A dispute arose regarding payment because of which altercation took place between Santosh and deceased Kishore. Kishore slapped Santosh. All the accused persons left the place by using filthy language and saying that Kishore will face dire consequences. After 25-30 minutes, all the appellants visited the same Ahata and started using abusive language for Kishore Panchal. Jiwan and Sonu caught hold of Kishore and asked Santosh to assault him. In furtherance thereof, Santosh took out a knife and assaulted Kishore at his right side of the chest. Because of said attack, Kishore fell down. Vinod (PW-3) and Akash (PW-4) witnessed the incident and immediately approached Kishore. All the appellants fled away. Kishore was immediately taken to Govt. Hospital, Ujjain. The doctor declared him as dead.;
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