NARAYAN PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Both these appeals are directed against the common judgment dated 27-8-1999 passed by a Division Bench of the Madhya Pradesh High Court at Jabalpur, therefore they are disposed of by this common order.

(2.) These appeals are directed against the judgment passed by the learned Division Bench of the Madhya Pradesh High Court at Jabalpur dated 27.8.1999 wherein the learned Division Bench has reversed the acquittal of the accused persons and accepted the State appeal and convicted the appellant namely Kishan Lal, Mihilal, Labru, Ramswaroop, Mukundi, Phulloo and Mustapha Khan for the offences of dacoity and murder under Section 395 and 396 IPC and sentenced each of them to life imprisonment on both counts with fine of Rs.1000/- each, in default of which they shall undergo further rigorous imprisonment for two years each. However Lalu, one of the accused, died during the pendency of appeal in High Court as such appeal abated against him due to his death. Learned Division Bench also convicted Abbas Khan, Rahim Khan and Narayan Prasad under Section 412 IPC and they were sentenced to rigorous imprisonment for 10 years each and fine of Rs.2000/- each in default they will further suffer rigorous imprisonment for two years each. Aggrieved against the aforesaid order appeals have been filed by the appellants.

(3.) We have heard the learned counsel for the parties and perused the record.