RAMESH Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 2.2.2001 delivered by 5th Addl. Sessions Judge, Rewa in Sessions Trial No. 198/99, convicting the appellants under Section 302/149 IPC and sentencing them to imprisonment for life and fine of Rs.1,000/-, in default of payment of fine to undergo further R.I. for three months, and under Section 148 IPC R.I. for two -2- years. Both the sentences were directed to run concurrently.

(2.) IT is undisputed fact that one Ramawtar S/o Gajadhar Prasad Yadav was also tried along with the appellants, but he was acquitted. IT is also undisputed fact that co-accused Dinesh Tiwari and Gyani @ Ajay Mishra were declared absconding so they could not be tried along with the appellants and acquitted co-accused by the trial Court.

(3.) APPELLANTS and co-accused Ramawtar abjured the guilt. Their defence was of false implication and that of alibi that they were not present on the spot at the relevant time, but they were somewhere else.