BALLU @ BALRAM @ BALMUKUND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal challenges the judgment dtd. 6/4/2018 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 261 of 1995, thereby allowing the appeal of the respondent-State which was filed challenging the judgment dtd. 26/3/1994 passed in S.T. No. 160 of 1992, vide which the learned 2nd Class Sessions Judge, Damoh (hereinafter referred to as 'the learned trial Judge') had acquitted the appellants of the charges under Ss. 302, 201 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). The High Court, reversing the judgment of the learned trial Judge, had convicted the appellant No. 1 (Ballu Chaurasiya @ Balram @ Balmukund) under Ss. 302 and 201/34 of IPC and appellant No. 2 (Halki Bahu @ Jamna Bai @ Jamuna Bai) under Ss. 302/34 and 201 of IPC and awarded rigorous imprisonment for life under Ss. 302 and 302/34 with fine of Rs.1000.00, in default of payment of fine to further undergo rigorous imprisonment for three months. Insofar as Ss. 201 and 201/34 of IPC are concerned, the High Court further awarded sentence of rigorous imprisonment for seven years with a fine of Rs.3000.00, in default of payment of fine to further undergo rigorous imprisonment for 5 months.

(2.) The prosecution story in brief is as under:

(3.) We have heard Mr. Varun Thakur, learned counsel appearing on behalf of the appellants and Shri Pashupathi Nath Razdan, learned counsel for the respondent-State.