JAGANNATH AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) We have heard the learned counsels parties.

(2.) This appeal by the three convicted accused persons challenges the sentence of life imprisonment which they are presently undergoing for commission of offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 ("IPC" for short). All the accused persons are in custody for a period of about nine (09) years.

(3.) Shorn of unnecessary details the prosecution case hinges on the evidence of Bhanwar Lal (PW-1) who is alleged to have been the eye-witness; the dying declaration recorded by R.D. Patel, ASI (PW-16), the Investigating Officer wherein Dr. R.K. Aggrawal (P.W.7) has certified the deceased to be in a fit condition to make a statement and the fact that the First Information Report (FIR) lodged by the deceased himself on the date of the incident had gone unchallenged in cross-examination by the accused.