KOMAL Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Jabalpur allowing the appeal filed by the State of M.P. upholding the appellant guilty for offence punishable under Section 304 Part I read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) and sentencing him to undergo imprisonment for 7 years. However, his acquittal for offences punishable under Sections 147, 148, 302 read with Section 149 IPC was upheld. Eight persons faced trial for alleged commission of offences. Gubdu and Ishwar A-1 and A-2 respectively were charged for commission of offences punishable under Sections 147, 148, 323, 149 and 302 IPC. Rest of the accused persons were charged under Sections 147, 148, 323 read with Section 149 and 302 read with Section 149 IPC. The trial Court recorded conviction and imposed sentences as follows:

(3.) Prosecution version in nutshell is as follows: