LAKHAN AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 12.07.2002 passed by the Sessions Judge, Sagar in S.T. No. 91/2001 by which the trial court has held the appellant no.1 guilty of an offence punishable under section 302, 323 and 458 of the Indian Penal Code and sentenced him to undergo life imprisonment and R.I. for six months respectively. The appellant no.2/Takhat has also been convicted for offence under section 323/34 and 458 of the I.P.C. and sentenced to R.I. for six months

(2.) It is pertinent to note that the appellant no.1 Lakhan has withdrawn the appeal filed by him and the application seeking withdrawal of the same has already been allowed by this court on 12.01.2016.

(3.) The learned counsel for the appellant no.2 Takhat submits that the conviction of the appellant no.2 for offence punishable under section 323/34 and 458 of the I.P.C. by the trial court is perverse inasmuch as the same is not based on proper appreciation of oral and documentary evidence on record. It is stated that there is no evidence to indicate that the appellant no. 2 has either assaulted or inflicted any injuries either on the deceased Seema or on PW-1 Mathura and PW/10 Laxmi Bai.