SHEIKH SULTAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment-dated 29-12-1993 passed by Additional Sessions Judge, gadarwara Distt. Narsinghpur in S. T. No. 255/1992 whereby the appellants were convicted and sentenced as under with the direction that the custodial sentences shall run concurrently :-Convicted under Section sentenced to 304 Part I read with S. 34 of the IPC undergo R. I. for 7 years and fine of Rs. 5000/- and in default, to suffer R. I. for 1 year. 326 read with S. 34 of the IPC undergo R. I. for 4 years and fine of Rs. 3000/- and in default to suffer R. I. for 7 months.

(2.) THE prosecution story, in short, may be narrated as under -

(3.) ON being charged with the offences punishable under Sections 147, 148, 302 and 307 read with S. 149 of the I. P. C. , the appellants abjured the guilt and pleaded false implication due to prevailing animosity. In their examination, under Section 313 of the Code of Criminal Procedure (for short 'the Code'), they also submitted written statements to the following effect :-