BALRAM 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. 4/4/2019 passed by Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No.106/2016, 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 of place to mention here that FIR was lodged against four persons and the present appellants namely Balram and Ramjilal were absconding and were arrested on 5/10/2016 and a separate trial has been conducted, whereas the remaining two co-accused persons namely Govind Das and Gudda @ Rameshwar were tried in S.T. No. 106/2009 and by judgment and sentence dtd. 23/2/2010 passed by Add. Sessions Judge, Pichhore, Distt. Shivpuri 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. Govind Das and Gudda had also filed Cr.A. No. 227 of 2010, which has also been heard along with this Criminal Appeal.

(3.) Since, the co-accused Govind Das and Gudda @ Rameshwar were tried separately and evidence was also recorded afresh and in the light of the judgment passed by the Supreme Court in the case of A.T. Maydeen and another Vs. The Asstt. Commissioner, Customs Department decided on 29/10/2021 in Cr.A. No. 1306 of 2021, the evidence recorded in the trial of the appellants cannot be read either in favor or against the co-accused Govind Das and Gudda, therefore, their appeal is being decided by a separate judgment.