In order to appreciate the issues involved in this appeal, relevant facts need mention in brief infra.
So far as other two accused namely, Santosh and Urgent alias Prabhu Dayal are companycerned, both were acquitted of the charge.
The Additional Sessions Judge, Katna by his judgment order dated 30.08.2000 found the appellant Satya Raj Singh guilty for companymission of murder of Bhaiya alias Narendra and accordingly companyvicted him under Section 302/34 IPC and sentenced him to undergo life imprisonment.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in this appeal.
The case set up by the prosecution against the accused persons and which was proved against the appellant is as follows.
Jhallu seeing the incident ran towards Bhaiya alias Narendra deceased whereas Ravindra ran behind Satya Raj Singh.
At that time, the appellant along with Santosh came there and expressed his wish to talk to Argent alias Prabhu Dayal.
Investigation was carried out.
So far as the State is companycerned, numberappeal was filed against that part of the order of the Additional Sessions Judge by which two other accused, namely, Santosh and Urgent alias Prabhu Dayal were acquitted.
2464 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the judgment dated 30.08.2000 passed by the Additional Sessions Judge, Katni in Sessions Trial Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2019.01.28 No.690/1999 by which the appellant was found guilty of 154253 IST Reason the offence punishable under Section 302/34 of the Indian Penal Code, 1860 hereinafter referred to as IPC and sentenced to undergo life imprisonment and a fine of Rs.1000/, in default of payment of fine, to undergo further rigorous imprisonment for three months.
In this way, the order of acquittal of Santosh and Argent alias Prabhu Dayal became final.
As mentioned above, the Additional Sessions Judge by his judgment order dated 30.08.2000 companyvicted the appellant Satya Raj Singh for companymission of the offence punishable under Section 302/34 IPC and awarded him life imprisonment but acquitted Santosh and Argent alias Prabhu Dayal of the charges.
Argent alias Prabhu Dayal then said to Bhaiya that there is some important urgent matter, which he has to talk with him and, therefore, he should companye with him.
Statements of several persons were recorded.
Injured Bhaiya was then taken to the house of Abhay Raj Singh because the incident had occurred near to his house.
At that time, Jhallu, who was still sitting on the platform, told Ravindra Singh that they had to go to the market to purchase some items.
The appellant Satya Raj Singh felt aggrieved and filed criminal appeal in the High Court of Madhya Pradesh at Jabalpur.
By impugned order, the High Court dismissed the appeal filed by Satya Raj Singh, which has given rise to filing of the present appeal by way of special leave in this Court only by the appellantSatya Raj Singh.
Out of fear both gave up their chase and returned back.
The appellant hereinSatya Raj Singh, Santosh and Argent alias Prabhu Dayal were apprehended and put to trial for companymission of the aforesaid offence.
Bhaiya, however, replied that he has to go to his house to serve company.
P.C. proceedings.
Bhaiya accordingly went to participate in the talk with Argent alias Prabhu Dayal.
The prosecution, in support of its case, examined as many as 16 witnesses.
After companyering some distance, both Satya Raj Singh and Santosh turned back and threatened Jhallu and Ravindra number to chase them else they would assault them also.
Argent alias Prabhu Dayal then came back and called Bhaiya alias Narendra deceased for two minutes to have some talk.
Four persons namely, Bhaiya alias Narendra deceased , Ravindra Singh PW1 , Jhallu alias Mahendra PW3 and Argent alias Prabhu Dayal were sitting on the platform small place in front of house of one Uli Singh.
When they were proceeding towards the market and reached near the house of Abhay Raj Singh, they saw Satya Raj Singh appellant herein assaulting Bhaiya alias Narendra with Gupti a kind of knife on his neck and its nearby whereas Argent alias Prabhu Dayal and Santosh were standing near to him.
The statements of accused were also recorded under Section 313 of the Criminal Procedure Code, 1973 for short the Cr.
Ravindra Singh and Jhallu accordingly left for the market.
Postmortem report was obtained and then chargesheet was filed.
Thereafter on next day morning, i.e., 20.09.1999, Ravindra PW1 lodged an FIR at Police Station Badwara, District Katni on the basis of which crime case No.108/1999 for companymission of offence punishable under Section 302/34 IPC was registered.
The incident occurred on 19.09.1999 around 7 p.m. in village Imaliya.
On seeing them, Satya Raj Singh appellant herein and Santosh both ran away from the spot.
The trio then went near to the house of one Abhay Raj Singh alias Daddu.
Three accused persons, namely, Satya Raj Singh appellant herein , Santosh and Argent alias Prabhu Dayal were prosecuted for companymitting murder of one person called Bhaiya alias Narendra under Section 302/34 IPC.
The case was companymitted to the Sessions Court for trial.
The appellant felt aggrieved and filed appeal in the High Court of Madhya Pradesh against his companyviction and sentence.
By impugned order, the High Court dismissed the appeal and upheld the companyviction and sentence awarded to the appellant giving rise to filing of the present appeal by the accused Satya Raj Singh in this Court.
They were chatting with each other.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 03.09.2009 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.
