STATE OF MADHYA PRADESH Vs. VIRENDRA ALIAS GUNGA

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of connected criminal Appeal No. 716 of 2008 (Babulal v. State of M. P.), filed on behalf of appellant Babulal.

(2.) THIS reference has been referred by learned trial Court to this Court under section 318 of the Code of Criminal Procedure, 1973. The learned trial Court by impugned judgment dated 2-9-2008 has found accused virendra to be guilty for the offence punishable under Section 302/34 of IPC and the case has been referred to this Court to pass necessary order.

(3.) CO-ACCUSED Babulal has filed a separate appeal (Cr. A No. 716/08) assailing the judgment of conviction and order of sentence passed against him by learned IInd Additional sessions Judge, Dabra in S. T. No. 230/06 convicting him under Section 302/ 34 of IPC, thereby sentencing him to suffer life imprisonment and fine of Rs. 500/ -. Since both the matters have arisen from a common judgment, hence, they are being disposed of by this common judgment.