(1.) THIS appeal is preferred by the convict against the judgment rendered by the Second Addl. Sessions Judge, Shajapur in Sessions Trial No. 34/85 recording conviction under Section 302 of the Indian Penal Code and also under Section 25(l)(a) and Section 27 of the Arms Act and sentence of life imprisonment as also the Rigorous Imprisonment for six months and one year respectively under the aforesaid, sections.
(2.) HOMICIDAL death, concluded trial Court. Accidental death, canvassed defence. This in essence is the issue in this appeal. The tragic element lies in the fact that a friend has lost life at the hands of another friend. This points the poignancy of the issue. The venue is the temple. What a way to make one lose life almost like oblation in a holy place through unholy act?
(3.) WE have heard Shri Ashok Shukla, learned counsel for the appellant and Shri Ashok Kutumbale, learned Government Advocate for the State and have perused the record.