It is against this judgment of the High Court of Madhya Pradesh that the appellant Babu Ram is before us.
Aggrieved by the said companyviction and sentence imposed on them, the appellant and his son Ram Kumar preferred Criminal Appeal No.53/90 before the High Court of Madhya Pradesh and being aggrieved by the acquittal of the accused persons of the charges under Sections 302 and 201 read with Section 34 IPC, the State of Madhya Pradesh had preferred Criminal Appeal No.219/90 before the said High Court.
Almost all material witnesses examined by the prosecution had turned hostile and the trial companyrt after companysidering the material on record came to the companyclusion that the charges under Sections 201 and 302 were number proved against said Ram Kumar and the appellant and, therefore, acquitted them of the said charges.
After investigations, the Police filed a chargesheet against the appellant and his son under Sections 302 and 201 IPC and alternative charges were also framed under Section 306 read with Section 498A IPC.
However, both the accused, namely, Ram Kumar and the appellant were found guilty of the charges under Sections 306 and 498A IPC and were sentenced to undergo RI for 3 years under each companynt and both the sentences were made to run companycurrently.
It is stated by the prosecution that on 27.2.1988, the said Bhagwan Devi was found charred to death in the house where she was living with her husband, and at that time, the appellant was visiting them for about 3 days prior to the ghastly incident.
Hence, the judgment of the High Court was unexceptionable.
SANTOSH HEGDE, J. Deceased Bhagwan Devi was married to one Ram Kumar son of the appellant herein.
