RAMESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals arise out of the common judgment dated 9th October, 2006 passed by the Division Bench of the Madhya Pradesh High Court in Criminal Appeal No. 946 of 1993 and Criminal Appeal No. 953 of 1993, hence, they were heard together and are being disposed of by this common Judgment.

(2.) Ramesh Kumar (appellant in Criminal Appeal No. 186 of 2008) and Gopal Prasad (appellant in Criminal Appeal No. 185 of 2008), besides Pradhuman Prasad and Dwarika Prasad were put on trial for commission of the offence under Section 341/34 and 302/34 of the Indian Penal Code. All of them were found guilty on both counts by judgment dated 21st September, 1993 passed by the Additional Sessions Judge, Sidhi in Sessions Trial No. 17 of 1992. All of them were sentenced to undergo imprisonment for life and rigorous imprisonment for six months for the offence under Sections 302/34 and 341/34 of the Indian Penal Code respectively. Ramesh Kumar as well as Dwarika Prasad, Gopal Prasad and Pradhuman aggrieved by the judgment and order of conviction and sentence preferred appeals before the High Court which were registered as Criminal Appeal No. 946/1993 and Criminal Appeal No. 953/1946 respectively.

(3.) During the pendency of the appeal Dwarika Prasad died and his appeal had abated.