NARESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 29.6.98 passed by the learned Second Additional Sessions Judge, Guna, in Sessions Trial No. 269 of 1997 (State of Madhya Pradesh Vs. Naresh and others), convicting the appellants under Sections 302/34, 325/34 and 324/24 of IPC and thereby sentencing each of them to suffer rigorous imprisonment for life and fine of Rs. 1,000/in default of payment of fine further three months simple imprisonment, one year rigorous imprisonment with fine of Rs. 250/, in default, further simple imprisonment for one month and six months rigorous imprisonment, respectively, with further stipulation that the jail sentences shall run concurrently, the appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) During the pendency of this appeal, the appellant, Kallu had died, therefore, his name has been deleted from the cause title, as the appeal stand abated against him. The prosecution case, in brief, may be narrated as under:

(3.) THE learned Trial Judge on the basis of the material placed on record framed charge punishable under Sections 302 and in the alternate under Section 302/34 for committing murder of Raj Kumar and under Section 307/34 of IPC for attempt to murder of Man Singh against the appellant No. 1, Naresh and against the other accused persons, Kallu (since dead) and Kalla under Sections 302/34 & 307/34 of IPC. The appellants denied the charge and claimed to be tried. The defence of the appellants is of false implication and the same defence set forth in their statements recorded under Section 313 of the Code of Criminal Procedure, 1973.