SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 22/09/1998 passed by the learned IV Additional Sessions Judge, Morena in Sessions Trial No. 11 of 1983 (State of Madhya Pradesh Vs. Bigha and others), convicting the appellant under Section 302 of IPC and thereby sentencing him to suffer rigorous imprisonment for life with fine of Rs. 1,000/ - and in default of payment of fine to suffer additional rigorous imprisonment for six months, the appellant has preferred this appeal under Section 374 of Code of Criminal Procedure, 1973.

(2.) During the trial, the co -accused, Bigha had died, therefore, the trial stand abated against him. So far as co -accused, Roshan and Shripat are concerned, they have been separately tried before the Juvenile Court. However, the trial proceeded against Sarupa, Shyamlal (present appellant), Devchandra, Lachhi and Foudi.

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