SANDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the above appeals arise out of common judgment, therefore, these are being decided by a common judgment. These appeals are filed under Sec. 374 of Code of Criminal Procedure (for short be called as "Cr.P.C.") against the judgment dtd. 3/11/2011 passed by the learned Court of 5th Addl.Sessions Judge, Indore in S.T.No.771/2009 convicting the appellants Sandeep and Jitendra both for the charges punishable under Sec. 302 read with Sec. 34 of Indian Penal Code (for short be called as "IPC") and sentenced to undergo Life Imprisonment with fine of Rs.2,000.00 each, in default of payment of fine amount additional rigorous imprisonment for three months each.

(2.) The case of the prosecution in brief is as follows:-

(3.) Learned trial Court considering the material prima-facie available on record framed the charges under Sec. 302 read with Sec. 34 of IPC and Sec. 25/27 of Arms Act against the appellant Sandeep, while charges under Sec. 302 read with 34 of IPC against the appellant Jitendra. Both the appellants abjured guilt and prayed for trial. In their statements recorded under Sec. 313 of Cr.P.C., they pleaded their false implication in the matter and have examined two witnesses namely; Bhawani (DW- 1) and Ajay Pawar (DW-2) in their defence.