MUKESH JHARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short "Cr.P.C."] against the judgment dtd. 29/2/2008 passed by the 10th Additional Sessions Judge, Indore (M.P.) in S.T. No.50/2006, whereby the appellant has been convicted under Ss. 364/34, 302/34 and 201/34 of the Indian Penal Code, 1860 (in short "IPC") and sentenced as under :-

(2.) Prosecution story, in brief is as follows :-

(3.) Learned Trial Court considering the material prima-facie available on record, framed the charges under Ss. 364 r/w 34, 302 r/w 34 and 201 r/w 34 of IPC against the appellant, who abjured his guilt and prayed for trial. In his statement recorded under Sec. 313 of Cr.P.C., the appellant pleaded his false implication in the matter and has examined Kailash (DW-1) in his defence as defence witness.