KISHORE JADIYA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2018-2-272
HIGH COURT OF MADHYA PRADESH
Decided on
February 28,2018
Kishore Jadiya
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
Referred Judgements :-
MAHENDRA SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]ARJUN VS. STATE OF C.G. [REFERRED TO]
KARA BHAI VS. STATE OF GUJRAT [REFERRED TO]
VADIVELU THEVAR CHINNIAH SERVAI VS. STATE OF MADRAS [REFERRED TO]
MOHAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
MEGHA SINGH VS. STATE OF HARYANA [REFERRED TO]
KARTIK MALHAR VS. STATE OF BIHAR [REFERRED TO]
SUNIL KUMAR VS. STATE OF GOVERNMENT OF NCT OF DELHI [REFERRED TO]
NAMDEO VS. STATE OF MAHARASHTRA [REFERRED TO]
BIPIN KUMAR MONDAL VS. STATE OF WEST BENGAL [REFERRED TO]
STATE OF U P VS. NARESH [REFERRED TO]
PRITHIPAL SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHEESH RAM VS. STATE OF RAJASTHAN [REFERRED TO]
RANBEER SINGH VS. STATE OF U.P. AND ORS. [REFERRED TO]
SUDIP KR. SEN @ BILTU VS. STATE OF WEST BENGAL & ORS. [REFERRED TO]
RAJKISHORE PUROHIT VS. STATE OF MADHYA PRADESH AND OTHERS [REFERRED TO]
JUDGEMENT
ANJULI PALO, J. -
(1.)All the above appeals have been filed by the accused persons being aggrieved by judgment dated 24.12.2007 passed by 1 st Additional Sessions Judge, Sagar in S.T. No.450/2006, whereby the appellant Kishore has been convicted for offence under Section 302 of the IPC and other appellants have been convicted for offences punishable under Sections 302 / 34 of the IPC and sentenced for imprisonment for life with fine of Rs.3000/- with default stipulations.
(2.)Since co-accused Manoj Soni @ Noona is juvenile, he is facing trial at Juvenile Justice Board, Sagar.
(3.)It is alleged by the prosecution that, on 2.9.2006, in front of Vidhyapeeth School, Vivekanand Ward, Sagar, there was celebration of Ganesh Utsav. The complainant Sonu was sitting along with his uncle Sunil in a bench. Suddenly, all the appellants came there from Bada Bazar and surrounded Sunil Soni. Due to old enmity, the appellant Kishore caused multiple knife injuries to Sunil. Other appellants caught Sunil (since deceased) while the appellant Kishore caused the injuries. Sunil died on the spot. Seeta, Jai Narayan, Bhagirath Soni and others, witnessed the incident. On the same day, (FIR Ex.P/6) has been lodged by Sunil at Police Station, Moti Nagar, Sagar. Police registered crime for offence punishable under Sections 302 / 34 of the IPC against the appellants. After concluding the investigation, charge sheet has been filed before the Court of Judicial Magistrate First Class, Sagar.
(2.)Since co-accused Manoj Soni @ Noona is juvenile, he is facing trial at Juvenile Justice Board, Sagar.
(3.)It is alleged by the prosecution that, on 2.9.2006, in front of Vidhyapeeth School, Vivekanand Ward, Sagar, there was celebration of Ganesh Utsav. The complainant Sonu was sitting along with his uncle Sunil in a bench. Suddenly, all the appellants came there from Bada Bazar and surrounded Sunil Soni. Due to old enmity, the appellant Kishore caused multiple knife injuries to Sunil. Other appellants caught Sunil (since deceased) while the appellant Kishore caused the injuries. Sunil died on the spot. Seeta, Jai Narayan, Bhagirath Soni and others, witnessed the incident. On the same day, (FIR Ex.P/6) has been lodged by Sunil at Police Station, Moti Nagar, Sagar. Police registered crime for offence punishable under Sections 302 / 34 of the IPC against the appellants. After concluding the investigation, charge sheet has been filed before the Court of Judicial Magistrate First Class, Sagar.
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