DEVENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE both the above appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals.

(2.) APPELLANTS have filed the above appeals against the judgment dated 15.10.2007 passed by I Additional Judge to the Court of I Additional Sessions Judge, Satna in Sessions Trial No.405/2002 convicting and sentencing the appellants as follows: Devendra Singh and Upendra Khare Conviction Sentence U/s 302 r/w 149 IPC for Imprisonment for life, fine of murder of Rajesh Shukla Rs.1000/- in default, R.I. for one year. U/s 302 r/w 149 IPC for Imprisonment for life, fine of murder of Madhu Shukla Rs.1000/- in default, R.I. for one year. U/s 302 r/w 149 IPC for Imprisonment for life, fine of murder of Vinita Shukla Rs.1000/- in default, R.I. for one year. U/s 302 r/w 149 I.P.C. for Imprisonment for life, fine of murder of Prabhanshu Shukla Rs.1000/- in default, R.I. for one year. Devendra Singh U/s 382 r/w 149 I.P.C. R.I. for 10 years, fine of Rs.1000/- in default R.I. for one year. U/s 404 I.P.C. R.I. for 3 years, fine of Rs.1000/- in default R.I. for one year. U/s 25(1-B) (a) r/w R.I. for 3 years, fine of Rs.500/- 27 Arms Act in default R.I. for six months. Ramkaran U/s 25(1-B)(a) r/w R.I. for 3 years, fine of Rs.500/- 27 Arms Act. in default R.I. for one month.

(3.) ON inspection by brother and sister of deceased Rajesh, it was revealed that the ornaments worn by deceased persons and kept in almirah were stolen. Accordingly, offences under sections 382,404 I.P.C. were added. On investigation, it was further revealed that accused Devendra Singh, a neighbour of deceased Rajesh Shukla, used to tease Vinita. He used to throw bottles, blood and pieces of flesh in their house. He was often seen in the company of accused Upendra Khare. Police found that accused Devendra Singh, Upendra Khare, Gyanchandra @ Chunni, Niraj Kumar and Babua @ Abhishek Singh entered the house of Rajesh Shukla armed with Katta, Gupti etc. and after administering calmpose injections to deceased persons caused their death by causing injuries to them, and stole away the ornaments worn by them and kept in almirah.