CHHUTKAN SINGH KAURAV Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-5-352
HIGH COURT OF MADHYA PRADESH
Decided on May 05,2020

Chhutkan Singh Kaurav Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

MERAMBHAI PUNJABHAI KHACHAR VS. STATE OF GUJARAT [REFERRED TO]


JUDGEMENT

- (1.)Regard being had to the commonality of the facts and arising out of the same judgment dated 14-03-2007 by the Additional Sessions Judge, Lahar District Bhind in S.T. No.245/2004. Cases were heard together and decided by common judgment. For sake of convenience, facts of Criminal Appeal No.280/2007 have been taken into consideration.
(2.)Both these appeals arise out of the judgment dated 14-03-2007 passed by Additional Sessions Judge, Lahar, District Bhind wherein the appellants were convicted for the offence under Sections 148 , 307 read with Section 149 and 397 Section of IPC and sentenced respectively to 3 years RI with fine of Rs.1,000/-, 10 years RI with fine of Rs.20,000/- and 10 years RI with fine of Rs.20,000/- each respectively with default stipulation.
(3.)Brief facts for adjudication of the case are that on 08-05-1996, an FIR has been registered at the complaint with the allegations that victim Bhagwan Singh after selling out his agriculture produce at Lahar, coming back to his home at village Jaitpura and when he reached there and trying to knot the oxen at cattle shed then accused Malkhan Singh, Shambhu, Chhutkan Singh, Mehtab Singh, Rajkumar Bore alias Satish, Ramprakash, Krishnamorari, Surendra, Rajjulal, Surtan, Mangal wielding 12 bore gun, Katta and other sharp edged weapons and Lathi and with intention to kill the victim fired over him and with other deadly weapons inflicted severe injuries. Victim fell down and his brother Vijay Singh taken him to the Police Station Aswar and made a complaint on which FIR vide crime No.21/1996 was registered. He was referred to Community Health Center, Lahar and thereafter referred for further treatment to District Hospital, Bhind. He remained there for one and half month.


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