- (1.) This appeal arises out of judgment and order dated 10.05.2007 passed by the High Court of Madhya Pradesh, Bench at Indore, in Criminal Appeal No.1256 of 1997, affirming the judgment and order dated 11.12.1997 of the learned Additional District Judge, Sardarpur, District Dhar in Sessions Case No.46 of 1996.
(2.) The present Appellant Nos.1 to 4 and one juvenile were alleged to have committed offences under Sections 147, 148, 302/149 and 323/149 of the Indian Penal Code by causing murder of one Ramkunwarbai and for having caused hurt to Girdhari (PW-1), Satyanarayan (PW-2) and Hariram (PW-5). At the stage of trial the case of juvenile was separated and directed to be dealt with by the Juvenile Court. The present appellants were convicted for the offences with which they were charged and sentenced to suffer (i) one year simple imprisonment under Section 147 IPC (ii) two years simple imprisonment under Section 148 IPC (iii) life imprisonment for the offence punishable under Section 302/149 IPC and to pay fine of Rs.1,000/-, in default whereof to suffer simple imprisonment of one year and (iv) simple imprisonment of six months under Section 323/149 IPC. The judgment and order of conviction and sentence passed by the learned Additional District Judge having been affirmed by the judgment under appeal, the same is under challenge in this appeal by special leave filed by the present appellants.
(3.) During the pendency of this appeal, in view of the certificate regarding his age, Appellant No.4, was ordered to be released on bail vide order dated 23.02.2011. It may be noted that according to the certificate said Appellant No.4 was also a juvenile as on the date of offence.;