DUKALU RAM, Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 03. 11. 1999 passed by Fifth Additional Sessions Judge, Durg (C. G. ) in Session Trial No. 96/1999, wherein the said court convicted both the appellants for commission of offence under Section 304 (Part-II) of IPC, 1860 and sentenced to undergo R. I. for 7 years and fine of Rs. 2000/- each with further default stipulations.

(2.) As per case of the prosecution, the date of incident is 01. 12. 1998. Report is lodged on 03. 12. 1998 as per Ex. P/3. Both the appellants were named in the said FIR. It is alleged that both the appellants assaulted deceased Ganga Ram on the date of incident at Village- Kapsi by club which ultimately resulted into death of said Ganga Ram. The matter was reported, both the appellants were charge-sheeted for commission of murder of Ganga Ram and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-