Latest Judgement MADHAV Versus STATE OF MADHYA PRADESH Appeal (Crl.), 852 of 2021
JUDGEMENT OVERVIEW
JUDGEMENT OVERVIEW
COURT : Supreme Court of India (Division Bench (DB)- Two Judge)
JUDGEMENT NAME : MADHAV Versus STATE OF MADHYA PRADESH Appeal (Crl.), 852 of 2021
JUDGEMENT DATE : Aug 18, 2021
RELATED SECTIONS : INDIAN PENAL CODE, 1860
Section 34 – Acts done by several persons in futherance of common intention
Section 302 – Punishment for murder
IMPORTANT PARAGRAPH :
- V.Ramasubramanian, J.
Leave granted.
- Challenging their conviction for the offence punishable
under Section 302 read with Section 34 of the Indian Penal
Code, 1860 (“IPC” for short) and the sentence of life imprisonment and a fine of Rs.2500/ imposed upon them by
the Ist Additional Sessions Judge, Sagar, M.P., and confirmed
by the Division Bench of the High Court of Madhya Pradesh at
Jabalpur, Accused Nos.2 and 3 have come up with these
criminal appeals.
imprisonment and a fine of Rs.2500/ imposed upon them by
the Ist Additional Sessions Judge, Sagar, M.P., and confirmed
by the Division Bench of the High Court of Madhya Pradesh at
Jabalpur, Accused Nos.2 and 3 have come up with these
criminal appeals.
- We have heard Mr. Ardhendumauli Kumar Prasad and
Mr. Amit Arjariya, learned counsel appearing for the
appellants and Shri S.U. Lalit, learned counsel appearing for
the State.
- Smt. Sahodra Bai (hereinafter referred to as “A2”), who is
the appellant in one of these appeals, is the sister of
Shri Madhav (hereinafter referred to as “A3”) who is the
appellant in the other appeal. Shri Raju Yadav who was
Accused No.1 is the husband of Sahodra Bai.
- The case of the prosecution was that on the night of
13.05.2008, at about 22.30 hrs., all the three accused, in
furtherance of the common intention of all, attacked one
Pappu @ Nand Kishore (brother of A1) with a knife and lathis
resulting in his death and that, thereafter, with the intention of screening
the offenders from legal punishment, A2 took the
victim to the Government Hospital and sent a false
information to the Police as though the murderous assault on
the victim was committed by two other persons by name Ruia
and Kailash. While all the three accused were charged for
offences punishable under Section 302 read with Section 34
IPC, A2 was charged additionally for the offences punishable
under Sections 211 and 194 IPC.
