(1.) This appeal under Section 374 (2) of the Criminal Procedure Code 1973 preferred by the accused/appellant is directed against a Judgment dated 3rd March 2004 recorded in Sessions Trial No. 215/2001, by the First Additional Sessions Judge, Shivpuri (M.P.), convicting thereby appellants Babloo and Ratanlal for committing murder of Kalla, son of Balmukund, for an offence punishable under Section 302 and 302/34 of I.P.C., respectively, and sentencing them to suffer imprisonment for life with a fine of Rs. 2000/-, each, and in default to undergo additional rigorous imprisonment of one year. In addition to above, accused Ratanlal also stood convicted for an offence under Section 323 of I.P.C. and sentenced to suffer six months' rigorous imprisonment for causing simple injuries to Bachhu. However, by the same judgment, the learned trial Judge acquitted other coaccused, namely, Saroj, Sangeeta, Laxmi and Vimala of charges for offences under Sections 147, 148, 302 of I.P.C. or in alternative under Sections 302/149, 325/149, and 323/149 (on three counts) of I.P.C. as levelled against them.
(2.) In a nutshell, the case of the appellants runs as follows:
(3.) During pendency of the appeal before this court, accused Ratanlal @ Ratnu, son of Devlal died, hence his name was deleted from the array of appellant and consequently the appeal stood dismissed as abeted so far as it related to accused-appellant No.2-Ratanlal.