DULE SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants were found guilty for offence u/s. 302 I.P.C. read with section 149 I.P.C. by judgment and order dated 24.4.1990 passed in S.T. No. 249/87 and all the appellants were sentenced to suffer imprisonment for life. Aggrieved by their convictions and sentences, they have preferred the present appeal, which came up for consideration before a Division Bench of this Court consisting of Hon'ble R.D. Shukla and J.G. Chitre, JJ. The learned Judges constituting the Division Bench differed in their opinion in relations to all appellants other than appellant No. 3 Gajraj Singh, appellant No.8 Meharban Singh and Appellant No.9 Baboo Singh. While Chitre J. maintained conviction and sentence of all the appellants, Shukla J. directed for acquittal of all the appellants excepting the aforesaid appellant Nos. 3, 8 and 9.

(2.) AS the learned Judges constituting the Division Bench were divided in their opinion, the matter has been placed before me as contemplated u/s. 392 of the Code of Criminal Procedure.

(3.) GIRISH Kumar (P.W. 21) Police Officer of Depalpur P.S. thereafter went to the place of the occurrence with witnesses Pyaremia and Sajid Painter at about 4 P.M. on the same day. Sajid Painter (P.W. 8) identified the dead body of the deceased, Munna Pehalwan, which was burnt with several wounds on his body. They also found a partially burnt scooter near the field of Bane Singh. In one of the leg of the deceased, which was burnt, a 'Chappal' was found. The dead body was identified by Munna's brother and Pyaremia as that of Munna Pehalwan.