ATHAI Vs. STATE OF M P

JUDGEMENT

(1.) These .appeals are interlinked, as preferred against a common judgment dated 3-1-1995 passed by Eighth Additional Sessions Judge, Jabalpur in S.T. No. 274/91 whereby the appellants and the co-accused Preetam, though tried jointly with co-accused Dashrath for the offence punishable under Section 302 read with S. 34 of the IPC, were convicted and sentenced as under:- <FRM>JUDGEMENT_995_CRLJ_2010Html1.htm</FRM>

(2.) The proceedings against co-accused Dashrath had abated consequent to his death during trial and no appeal has been preferred by the co-convict Preetam. For the sake of convenience, the appellants shall be referred to by their respective names only.

(3.) The prosecution story, in short, may be narrated thus -