BAGESH @ LEKHA RAM Vs. STATE OF M P

JUDGEMENT

(1.) Since the aforesaid two appeals arise out of the same judgment dated 24.01.1994 passed by Additional Sessions Judge, Bilaspar in Sessions Trial No. 472/91, they are disposed of by this common judgment.

(2.) By the judgment impugned the Appellants have been convicted under Section 304 (Part - II) read with Section 34 IPC and sentenced to under go rigorous imprisonment for four years.

(3.) Case of the prosecution in brief is that on 23.8.1991 FIR Ex. P-15 was lodged by Buddhu Rathore (P W-11) to the effect that on that day at about 8 p.m. deceased Kalesh Ram was brutally assaulted by the present Appellants and another accused namely Ghanshyam who has been acquitted by the Court below and the injuries sustained by him ultimately resulted in his death. After investigation challan was filed by the police against the present Appellants and one Ghanshyam who has been acquitted by the Court below on 6.9.1991 for the offence punishable under Section 302 IPC and their prosecution proceeded accordingly.