ASHWANI KUMAR OZA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants, being aggrieved by the judgment dated 31.08.2005, passed by First Additional Sessions Judge, Satna in S.T. No. 64/2003, whereby appellants have been found guilty for the offence punishable under Section 302 of the Indian Penal Code (2 counts) and have been sentenced to life imprisonment (2 counts) and fine of Rs.1,000/- each (2 counts), in default of payment of fine, they have to suffer six months rigorous imprisonment for each offence.

(2.) It is to be noted that appellant No.1 Ashwani Kumar has died during the pendency of the appeal and in such circumstances, the appeal, so far as it relates to appellant No.1 Ashwani Kumar stands abated

(3.) The prosecution case, in brief is that on 18.12.2002, deceased Rajendra @ Shambhu Narayan Oza, at around 10.15 P.M. had some altercation with accused Guddu @ Santosh Kumar Oza on account of Guddu having food and drinking with his friends in the garden of the deceased. As per prosecution, Rajendra thereafter went to call his elder brother Satyendra Narayan and returned with him after 15 minutes, when they found the accused persons namely Ashwani Kumar Oza, his son Gutru and his brothers Guddu @ Santosh Kumar Oza and Bablu @ Hariom Oza armed with lathi and gandasa, waiting for them, who attacked and assaulted the deceased persons with lathi and gandasa, as a result, deceased Rajendra and Satyendra sustained grievous injuries and died on the spot.