Whereas, for the offence punishable under Section 302/149, IPC they were sentenced to suffer life imprisonment and to pay a fine of Rs.2,000/ each, in default, to further suffer one year imprisonment.
Dissatisfied with the same, Accused No.
P5 as well as police Ext.
While the ceremonials were underway, one Deepak with two others arrived there on motorcycle.
After an elaborate trial, learned Additional Sessions Judge by a companymon judgment in Special Sessions Case No.
5Shanker are before this Court by way of present appeals.
Brief facts of the case, according to the prosecution, are that on 8th May, 1998 one Sanjay Sorle was attending a marriage at Bharveli village.
51/1998 and Sessions Case No.
In addition to those charges, accused Rupesh, Chokhu Rakesh, Suresh, Shiv Kumar and Dablu Sudhanshu were additionally charged for the offence punishable under Section 3 2 5 SC ST Act, 1989.
3Suresh Dhobi and Accused No.
Other things such as bloodstained soil, numbermal soil and clothes of deceased were seized and sent for expert examination.
After companyducting inquest Ext.
However, all the sentences were directed to run companycurrently.
An altercation had taken place between Sanjay Sorle and the motorcyclists.
Gudda had inflicted injuries with knife, Shiv with Gupti while Shanker and Suresh i.e. appellants herein attacked him by giving fist blows.
However, the trial Court came to the companyclusion that the remaining five accused including appellants herein were guilty of the offences punishable under Sections 148, 302/149, IPC.
All the five accused persons, being aggrieved by the judgment of the trial Court, carried the matter in appeal before the High Court of Madhya Pradesh at Jabalpur assailing the award of their companyviction and sentence.
54/98, police sent the injured Sanjay Sorle to the District Hospital at Balaghat for treatment, where he was declared dead.
120/1998, acquitted six accused persons from all the charges and discharged the accused including appellants herein from the charges under Section 3 2 5 of SC ST Atrocities Act, 1989.
Altogether 11 persons were allegedly involved in the crime.
After that, he came back to the marriage venue at about 10.30 p.m. on a bullet motorcycle with Gudda Shivshanker, Shiv, Suresh appellant herein and Shanker appellant herein and took away Sanjay Sorle from the venue to the road and assaulted him.
The injured Sanjay Sorle was taken to police station at Bharveli and lodged the F.I.R. at 11 p.m. Upon registering the same as Crime No.
Charges were levelled against five accused persons i.e. Manoj, Baburao, Deepak, Gudda Shivshanker, Shanker and Dwarka Dan under Sections 148 and 302/149, IPC.
Deepak, while leaving that place, threatened Sanjay Sorle and went away.
Accordingly by judgment dated 27 th January, 1999 they were companyvicted and sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 148, IPC.
By the judgment impugned herein, the High Court found their appeal devoid of merits and therefore dismissed the same upholding the judgment passed by the trial Court.
The accused denied the charges, pleaded to have been falsely implicated and claimed to be tried.
P3 , dead body of the deceased was sent for postmortem, statements of witness were recorded, site map has been prepared by Patwary Ext.
Accused were arrested and at the instance of accused Shivshankar, Manoj, Dwarka and Shivkumar knives and other incriminating material have been seized.
Bullet motorcycle, allegedly rode by the accused, has also been recovered from the possession of accused Chokhu Sudhanshu Ext.
315, 316, 333 and 590 of 1999, whereby the High Court dismissed the criminal appeals filed by the appellants herein and affirmed the order of companyviction and sentence passed by the trial Court against them.
V. RAMANA, J. These appeals by special leave are directed against the judgment dated 12th September, 2007 passed by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos.
