BHAGWAN SINGH NATH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 (2) of the Criminal Procedure Code has been filed by appellant Bhagwan Singh Nath son of Lalnath, resident of Garhashakti, Police Station Najeerabad, Bhopal being aggrieved by judgment of conviction and sentence dated 15.04.2008 passed by the Additional Sessions Judge, Ganjbasoda, District Vidisha, in Sessions Case No.05/2007 (State of M.P. through Police Station Ganjbasoda, District Vidisha v. Jagdish and Others).

(2.) Vide impugned judgment, the learned Additional Sessions Judge has convicted and sentenced the appellant under Section 302 of the Indian Penal Code (for short 'IPC') for life imprisonment with fine of Rs.2,000/-; in default of payment of fine, further rigorous imprisonment of six months. Similarly, the appellant has also been convicted under Section 307 of IPC and has been sentenced to 10 years' rigorous imprisonment with fine of Rs.1,000/-; in default of payment of fine, further rigorous imprisonment of three months. Learned Additional Sessions Judge has directed that the above sentences shall run concurrently.

(3.) Other accused persons, namely, Jagdish Nath son of Kailash Nath and Mukesh Nath son of Bheru Nath have been acquitted for want of evidence against them.