BABBU ALIAS BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31st January,1998 passed by the learned II Additional Sessions Judge, Vidisha, in Sessions Trial No. 58 of 1992 (State of Madhya Pradesh v. Hari Singh and others), convicting the Appellants under Sections 323/34, 324/34 and 302/34 of the IPC and thereby sentencing each of them to suffer rigorous imprisonment for six months, rigorous imprisonment for one year with fine of Rs. 2,000/and rigorous imprisonment for life with fine of Rs. 5,000/respectively, with stipulation that all the jail sentences shall run concurrently, the Appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) The undisputed facts are that the Appellants, Babbu and Gudda are the real brothers. Complainant, Radheshyam (P.W.10) and Suresh (P.W.11) are the sons while P.W.12, Prem Bai is the wife of the Jwala Prasad. It is also not in dispute that there was enmity between the complainant party and the Appellants.

(3.) The prosecution case, in brief, may be narrated as under: