JITU ALIAS JITENDER Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Indore Bench upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short 'IPC'). Four persons faced trial for allegedly committing murder of one Umesh (hereinafter referred to as the 'deceased'). Accused-Mukesh died during the pendency of the trial, while another accused Pappu alias Deepak was acquitted by the trial Court.

(2.) It is stated that on 17-11-1995, the occurrence took place in which due to the assaults made by the accused persons Umesh breathed his last, while three of the persons Bhagirath PW8, Bherulal PW9 and Yogesh PW10 sustained injuries. On the basis of the information lodged by PW8 law was set into motion and investigation was conducted. On completion of investigation, charge sheet was filed. Beliance was placed on the evidence of PWs 8, 9 and 10 by the trial Court to record, conviction, so far as accused Rakesh and present appellant Jitu alias Jitender are concerned.

(3.) It is to be noted that the accused persons were charged for offence punishable under Section 302 read with Section 34 and Section 324 read with Section 34 IPC. As noted above, accused-Mukesh died during the pendency of the trial and accused Deepak was acquitted of the charges.