JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 of Cr.P.C. by the sole appellant being aggrieved by judgment and sentence dated 17.10.2005 passed by the learned Sessions Judge Guna in Sessions Trial No.325/2004.

(2.) Vide aforesaid judgment, the appellant has been convicted under the provisions of Section 302 of IPC and has been sentenced to life imprisonment with fine of Rs.10,000/-. In default of depositing the fine, additional one year rigorous imprisonment has been directed to be undergone by the convict.

(3.) The prosecution story in short is that the present appellant and another accused Anita Bai W/o Raju hatched a conspiracy and on 27.10.2004 at Bhargava Colony Guna between 30 a.m. and 4.00 a.m. murdered Raju, as a result of which, they were charged under the provisions of Section 302 read with Section 34 of IPC and in alternate under Section 302 of IPC. They were also charged under Section 120-B of the IPC. It was alleged that there was illicit relations between Jagdish and Anita Bai, as a result they eliminated Raju.