PARVAT HARU BHIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] against the judgment dtd. 3/9/2013, passed by the Court of Additional Sessions Judge Sardarpur, Distt. Dhar (M.P.) in S.T. No.159/2012, whereby the appellants have been convicted under Sec. 449 and 302 of Indian Penal Code, 1860 (in short IPC) and sentenced to undergo R.I. for 10 years with fine of Rs.2,000.00 and in default of payment of fine, additional S.I. for 02 months and Life Imprisonment with fine of Rs.5,000.00 and in default of payment of fine, additional S.I. for 03 months each respectively.

(2.) Prosecution story in brief is that:

(3.) Learned Trial Court considering the material prima-facie available on record, framed the charges under Ss. 449 and 302, or in the alternative 302 r/w 34 of IPC against the appellants, who abjured their guilt and prayed for trial.