MADAN Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred against the judgment-dated 14/12/2007 passed by the Second Additional Sessions Judge, Damoh in S.T. No.10/2007, whereby each one of the appellants, though charged with the offence punishable under Section 302 and in the alternative 302 read with 34 of the IPC, was convicted under Section 304 Part I read with S.34 of the IPC and sentenced to undergo R.I. for 11 years and to pay fine of Rs.5000/- and in default, to suffer R.I. for 6 months.

(2.) Prosecution story, in short, may be narrated thus -

(3.) The appellants pleaded false implication due to prevailing animosity at the instance of Nannu & Chandresh and also raised plea of alibi. According to them, at the relevant point of time, their presence at village Bandakpur, where a famous temple of Lord Shiva is located, was not probable in view of the fact that it was the auspicious day of Vaikuntha Chaturdashi (that falls on the fourteenth day of Kartik month's Shukla Paksha), whereon traditionally, the devotees get glimpse of Lord Shiva after the evening Aarti. In the examination, under Section 313 of the Code of Criminal Procedure, -