PAPPU ALIAS HARI OM Vs. STATE OF MADHYAPRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, which affirmed the conviction of the appellant for the offences punishable under Sections 302 of the Indian Penal Code, 1860 (in short the "IPC" ). He was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- with default stipulation. Accused Bal Kishan was convicted for offence punishable under Section 302 read with Section 34 IPC. The convictions were recorded by learned Additional Sessions Judge, Gohad, Bhind, M.P. in Sessions Case No. 11/95. The conviction as recorded by the Trial Court was assailed by two separate appeals. As accused-appellant Bal Kishan died during the pendency of the appeal, the same stood abated.

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