SALIGRAM MUKUND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7th of April 1994 passed in S.T. No. 551/93 by the First Additional Sessions Judge, Jagdalpur (Bastar). By the impugned judgment, the Appellants have been convicted under Section 302/34 Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) The facts briefly stated are as under:

(3.) Mrs. Savita Tiwari, learned Counsel appearing on. behalf of the Appellants argued that the involvement of Appellant No. 2 is suspicious; there is no evidence that he also assaulted the deceased by Gupti; there is also no evidence to show that he shared common intention with Appellant No. 1 -Saligram for commission of murder of the deceased; therefore, he deserved to be acquitted. So far as Appellant No. 1-Saligram is concerned, she argued that the evidence would show that he had no intention to commit murder of the deceased, therefore, he would not be liable for punishment under Section 302 Indian Penal Code and his case may be considered for punishment under some lesser Section preferably Part I of Section 304 Indian Penal Code.