ARUN & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This common judgment shall govern disposal of Cr.A. No.1303/2008, 1324/2008, 1338/2008, 1406/2008, 175/2009 & 214/2009. Facts and circumstances as they emerge from Cr.A. No.1303/2008 are taken into consideration for all the appeals.

(2.) Aggrieved by conviction and sentence awarded on the appellants by the trial Court, these appeals are filed challenging the judgment passed in Session Trial No.288/2003 dated 13.10.2008 wherein the learned trial Court held the appellants guilty under Sections 120-B, 302/149 of IPC and the appellant Rakesh guilty under Section 27 of Arms Act. The sentences awarded on the appellants are as under:- <FRM>JUDGEMENT_236_LAWS(MPH)7_2017_1.html</FRM>

(3.) Prosecution story in brief is that Hitesh @ Hittu Sharma reached the police outpost Birlagram alongwith Bhuru @ Jitendra Yadav at 1:50 am in the intervening night of 22-23.06.2003 and lodged a report that on that day, party was arranged at circuit house by a corporator who successfully contested election and declared successful. In the party the deceased Dilip Sharma, Yogesh Dubey and prosecution witness Bhuru @ Jitendra Yadav were also present. When the party ended, the complainant Hitesh @ Hitu Sharma left the premises of circuit house a bit earlier than the deceased Yogesh Dubey and Dilip Sharma. According to the complainant, he was residing with the deceased Dilip Sharma as he was cousin brother of the deceased. He reached back house No.22, where the deceased Dilip Sharma was residing with his family, and rang the door bell, on which, two sisters of deceased Dilip Sharma, Meena Sharma and Nisha Sharma opened the door and came out. They were standing at the door of the house waiting for the deceased Dilip Sharma and Yogesh Dubey to arrive. Deceased Yogesh Dubey and Dilip Sharma alongwith Bhuru @ Jitendra Yadav reached there on a motorcycle. Deceased Yogesh Dubey was driving the motorcycle while Bhuru @ Jitendra Yadav was sitting in the middle. The deceased Dilip Sharma was sitting on pillion after Bhuru @ Jitendra Yadav. When they reached in front of house of C.G. Anand (P.W-2), six or seven persons suddenly came in front of the motorcycle, they threw something on face of the deceased Yogesh Dubey, who was driving the motorcycle, on which, Dilip Sharma sitting on the pillion raised a cry. Accused Arun Nayer fired a gun-shot on the deceased Yogesh Dubey, due to which, the motorcycle got dis-balanced and all the three riders fell down. When the deceased Dilip Sharma tried to stand up, accused Rakesh fired on him due to which, he sustained gun-shot injury. Accused Julphi @ Julphikar also fired gun-shot from his revolver. Accused Vishnu @ Dabbu and accused Qayyum were armed with Gupti. They caused stab wound on deceased Yogesh Dubey and accused Vishnu @ Dabbu caused stab wound on deceased Dilip Sharma. When C.G. Anand (P.W-2), in front of whose house the incident took place, heard the commotion, he came out of the house and saw the deceased lying injured. The deceased Dilip Sharma was alive at that time so he called his neighbour and in his car the deceased was shifted to Jan Seva Hospital. He also gave a phone call to Jan Seva Hospital to sent an ambulance for Yogesh Dubey who was already dead by that time. After shifting of the deceased Dilip Sharma in a car, the deceased Yogesh Dubey was also shifted in the ambulance that arrived after a while. According to prosecution story, the complainant Hitesh @ Hittu Sharma, Bhuru @ Jitendra Yadav and two sisters of deceased Dilip Sharma, Meena Sharma and Nisha Sharma, who were outside their house and witnessed the incident. This apart, according to prosecution story, Satyendra Singh (P.W-6) alongwith Ashwini also followed the deceased Yogesh Dubey and Dilip Sharma and they also saw the incident. It is also the case of the prosecution that Mohan Bhaya (P.W-15) who was also following the deceased on another motorcycle with one Sharad, also reached on the spot and saw the incident. The Investigating Officer S.K. Naseene (P.W-22) completed investigation and charge-sheet was filed before the Court of concerning Magistrate.