SHARAD Vs. STATE OF M P

JUDGEMENT

(1.) The perennial question whether the appellant-Sharad Yadav deserves to be convicted under Section 302 of IPC, as held by the trial Court or whether the conviction should be converted to that under Section 304 of IPC, has cropped up for consideration before us, in this appeal. In the instant case, four accused persons were charged and prosecuted for commission of the offence under Section 302 and 324 and in alternative 324/ 34 and 302/ 34 and 324 in alternative 324/ 34 of IPC.

(2.) After the trial giving the benefit of doubt, Sonu, Shakti and Suraj, accused No 1, 3 and 4 respectively, were acquitted by the XIIth Additional Sessions Judge, Indore, in Sessions Case No. 190 of 2003, vide its judgment and order dated 11.01.2005. The accused No. 2-Sharad Yadav, has preferred this criminal appeal. He has been convicted under Section 302 of IPC by the XIIth Additional Sessions Judge, Indore, in Sessions Trial No. 190 of 2003, whereby the learned trial Court awarded life imprisonment with fine of Rs. 5000/-, in default of payment of fine one year additional rigorous imprisonment and one year rigorous imprisonment under Section 304 of IPC respectively for commission of the aforesaid offence.

(3.) Now, in this appeal, it is prayed before us to consider, in the peculiar facts and circumstances of this case, whether, the surviving convicted appellant, Sharad Yadav deserve to be convicted for commission of the aforesaid offence or it deserves to be converted under Section 304 of IPC.