DILIP KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18.10.1996 passed by learned Second Additional Sessions Judge, Seoni in Sessions Trial No.94/1995 convicting the appellants under Section 302 IPC and thereby sentencing them to suffer life imprisonment and fine of Rs.500/ - each; in default of payment of fine additional S.I. of one month, the appellants have taken the shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) DURING pendency of this appeal, appellant No.2 Rajkumar s/o Jethu Gond died and eventually, his name was deleted from the cause title since the appeal has abated against him.

(3.) IN brief, the case of the prosecution is that deceased, namely, Bajari (hereinafter referred to as "the deceased") had gone to the market to consume liquor and when he was coming back to home after consuming liquor, on the way, nearby temple of Hanumanji the accused persons who were four in number were sitting and they restrained the deceased to pass through the public path. On this point, the accused persons caused marpeet to the deceased and thereafter stone bolder was thrown upon him as a result of which he died. On 28.5.1995 Ramsingh (PW -12) found the dead body of the deceased upon which the stone bolder was also lying as a result of which this witness lodged the report against unknown persons.