BISHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal appeal has been filed by the accused -appellant against the judgment and order dated 22.8.1988 passed by III Additional Sessions Judge.

(2.) BHOPAL in Sessions Trial No. 142/85, whereby, the accused -appellant has been convicted for offence u/s 304 Pt. - II of IPC and sentenced to suffer rigorous imprisonment for seven years.

(3.) THE trial Court, after evaluating the evidence, held that the offences under section 147,302 and 323 read with section 149 of IPC are not made out against the accused -appellant and other acquitted accused. The learned trial Court, however, held that the prosecution has been able to prove the offence u/s 304 Pt.II against the accused -appellant beyond reasonable doubt. The learned trial Court accordingly convicted the accused -appellant u/s 304 part -II of IPC and sentenced him to suffer rigorous imprisonment for seven years by the impugned judgment. Aggrieved by judgment and order, the accused -appellant has filed the present appeal.