KALLU Vs. STATE OF M P

JUDGEMENT

(1.) Four persons were alleged to have attacked one Jeevandas, and of them three were armed with iron rods while one had no weapon. Jeevandas who sustained skull fractures succumbed to the injuries.

(2.) All the four were charge-sheeted, tried, and convicted by the trial court under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced to imprisonment for life. All of them filed appeals before the High Court of Madhya Pradesh. A Division Bench of the High Court confirmed the conviction and sentence passed on three of them including the present appellant, but in regard to the fourth person (A-4 Daya Ram) the High Court altered the conviction to Sec. 326 of the Indian Penal Code and sentenced him to rigorous imprisonment for seven years. It appears that the said A-4 Daya Ram and second accused - Hemraj did not challenge the conviction and sentence imposed by the High Court. A-1 Prem Narayan filed a Special Leave Petition but that was dismissed (we are told that it was dismissed for default). A-3 Kallu alias Jagmohan is the present appellant, who filed this appeal by special leave. Thus we are dealing with the case of the A-3 Kallu alias Jagmohan alone.

(3.) The prosecution case in a nutshell is the following: