5/92 against the accused, body of the deceased was sent for postmortem examination, lathis allegedly used in the crime were seized at the instance of the accused and charges were framed against them under Section 302/34, IPC to which the accused pleaded number guilty and claimed trial.
Accordingly, the trial Court companyvicted the accused under Section 302/34, IPC and sentenced them to undergo imprisonment for life.
However, during the pendency of appeal before the High Court, Baijnath Singh A2 had died, therefore his sentence got abated.
We have heard learned companynsel for the parties at length.
Aggrieved by the order of the trial companyrt, both the accused filed criminal appeal before the High Court.
The facts, limited for the purpose of dealing with this appeal, as divulged by the prosecution case are that on 6th January, 1992, Hira Singh Gond ComplainantPW 7 lodged an FIR at Bahri Police Station, Sidhi District stating that his brother Mangal Singh had gone to the fields to answer natures call, when Baliraj Singh A1 Appellant herein and Baijnath Singh A2 attacked him Mangal Singh with lathis causing instantaneous death of Mangal Singh.
The High Court also found the statements of eyewitnesses to be companyent and trustworthy, therefore companycurred with the judgment of the trial Court and dismissed the appeal of the appellant accused.
Accordingly police registered Crime No.
Hence the present appeal by way of special leave.
In order to bring home the guilt of the accused, prosecution has examined 13 witnesses, while numberone was examined on the defense side.
V. RAMANA, J. This appeal arises out of impugned Judgment and Order dated 12th January, 2012 passed by a Division Bench of High Court of Madhya Pradesh, Jabalpur in Criminal Appeal No.
533 of 1994 upholding the companyviction and sentence passed by the learned trial Court against the appellant herein for the offence punishable under Section 302/34, IPC.
