NARAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-Narain (hereinafter referred to as 'the accused') questions legality of judgment rendered by a Division Bench of the Madhya Pradesh High Court, which held his conviction for offence punishable under Section 304, Part I of the Indian Penal Code, 1860 (in short 'the IPC') to be in order. Consequentially, sentence of eight years' rigorous imprisonment and fine proposed were affirmed.

(2.) Eight persons faced trial including the appellant for alleged commission of offences punishable under Sections 148, 302/149, 307/149, 324/149, 323/149 and 450, IPC. The trial Court held that the accusations were not established. Against rest of the seven while it was established only in respect of appellant relating to the offence for which he has been found guilty. The accused-appellant was made to undergo imprisonment for 8 years and to pay a fine of Rs. 5000/- with default stipulation. The order of conviction was questioned by the appellant before the High Court. The State also questioned the legality of the acquittal as directed for rest of the accused. A revision application was filed by the father of the Makhan (hereinafter referred to as 'the deceased') with similar prayers as that of the State.

(3.) The prosecution story in brief is as follows :