CHAMPALAL SIDDH S/O BHAGWANDAS Vs. STATE OF M.P.

JUDGEMENT

(1.) Five persons namely Champalal Siddh s/o Bhawandas, Balmukund s/o Bhagwandas, Nitin s/o Champalal Siddh, Ajay Singh s/o Beniprasad Verma and Jinendra s/o Shankarlal were tried under Sections 148 and 302 /149 of the Indian Penal Code, 1860 and under Section 25 (1) (B) of Arms Act, 1959 for committing murder of Laxman Patil.

(2.) Learned trial Court by impugned judgment dated 17.02.2000 passed by the 1st Additional Sessions Judge, Indore in Sessions Trial No.90/1997 convicted all of them under Section 148 of the IPC and sentenced to undergo rigorous imprisonment for one year each; they have also been convicted under Section 302/149 of the IPC and each is sentenced to imprisonment for life with fine of Rs.1,000/-; and in default of payment of fine, each of the appellants has to suffer additional rigorous imprisonment for three months. The substantive jail sentences have been directed to run concurrently.

(3.) Ajay Singh, Balmukund & Nitin, Jinendra and deceased Champalal Siddh (present appellant) filed four separate appeals challenging the judgment of their conviction vide Criminal Appeal No.280/2000, Criminal Appeal No.329/2000, Criminal Appeal No.356/2000 and Criminal Appeal No.287/2000 respectively.