GOVIND DAS Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 23/2/2010 passed by Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No.106/2009, by which the appellants have been convicted and sentenced for offence under Sec. 302/34 of I.P.C. and have been awarded Life Imprisonment with fine of Rs.500.00, in default 3 months' R.I.

(2.) It is not out of place to mention here that FIR was lodged against four persons and Balram and Ramjilal were absconding and were arrested on 5/10/2016 and a separate trial was conducted and by judgment and sentence dtd. 4/4/2019 passed by Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No.106/2016, they too have been convicted for offence under Sec. 302/34 of IPC and have been awarded Life Imprisonment and a fine of Rs.2000.00, in default 6 months' R.I. Balram and Ramjilal have filed Cr.A. No.5079 of 2019, which has also been heard along with this Criminal Appeal.

(3.) Since, the co-accused Balram and Ramjilal were tried separately and evidence was also recorded afresh and the evidence in the trial of the appellants cannot be read either in favor or against the co-accused Balram and Ramjilal, therefore, their appeal is being decided by a separate judgment.