Background facts in a nutshell are as follows On 15/11/1998 at about 08.30 pm, in Bhagirathpura, near the house of Sheetal Deen, Complainant Ramesh and witness Lalchand were standing near the culvert, when Praveen PW4 came shouting that brother of Ramesh namely Kamlesh was being assaulted by the appellants.
When these persons raised an alarm, the accused persons fled away.
J U D G M E N T CRIMINAL APPEAL NO 287 OF 2008 Arising out of SLP Crl.
By the impugned judgment, companyviction of others was altered and each one of them was companyvicted for offences punishable under Section 326 IPC read with 34 IPC and was sentenced to undergo rigorous imprisonment for three years each and to pay a fine of Rs.1,000/ with default stipulation.
Kailash was immediately taken to M. Y. Hospital.
Raifulla Khan then recorded Dehati Naish Ex.
P w 2 was lodged by Ramesh and after issuing Subpoena, held inquest of which he prepared report.
According to Ramesh Prajapat there was a quarrel between them with regard to peels of eggs and it was on that account the accused persons had assaulted his brother.
The accused persons abjured guilt and pleaded false implication.
P2/27 of which post mortem report was received from Dr. Raj Kumar Singh.
P/28m and forwarded Raifulla Khan to investigate.
On the basis of information lodged, investigation was undertaken and charge sheet was placed.
He had number of injuries which had been dressed initially but when Doctor saw Kailash, he declared him dead.
But the companyviction of the appellant as numbered above was maintained.
6598 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
He also forwarded the dead body under requisition Ex.
These persons, therefore, rushed to the place and witnessed that appellant Shailu, Raju, and Ravi had kept Kailash in their grip, while Rakesh was assaulting him with a knife, and others were administering kicks, fits and blows.
Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Indore, upholding companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life.
Report on this incident Ex P /18 was lodged which was recorded in Rojnamcha.
Four persons faced trial for companymitting murder of Kailash hereinafter referred to as the deceased .
On being informed by the operator from M.Y. Hospital about death of Kailash, Inayat Hussain recorded information as Ex.
