During the pendency of the appeal, A 7 died and the appeal stood abated against him.
The three companyvicted accused including the appellant preferred an appeal before the High Court of Madhya Pradesh at Jabalpur.
The trial companyrt acquitted the 7 accused persons who were alleged to have been present with the lathis at the time of their attack and companyvicted the appellant, A 7 and A 10 of the offence punishable under Section 302 read with Section 109 IPC, and awarded life imprisonment and further companyvicted them under Section 30 of the Indian Arms Act and sentenced them to undergo RI for three months on that companynt.
The motive alleged is one pertaining to the elections of the panchayat.
The High Court on reconsideration of the evidence of record came to the companyclusion that the prosecution has number established the participation of Sheo Pal Singh A 7 , even though, according to the prosecution, he had fired from a 12 bore gun, numberpellet injuries were found on the body of the deceased, hence, acquitted him.
Accordingly, they were all charged for offences punishable under Section 302 read with Section 109 IPC and the appellant, A 7 and A 10 were charged under Section 30 of the Indian Arms Act.
SANTOSH HEGDE,J. The appellant and nine others were accused of having companymitted the murder of one Maniram on 21.12.1983 at about 10 a.m. in Usranhar, District Chhatarpur.
The prosecution case is that the appellant and the other accused persons waylaid the deceased and on the exhortation of the appellant, A 7 who was the son of the appellant fired at the deceased with a Rifle and A 10 fired with a 12 bore gun while the other 7 accused persons who were carrying lathis were also present.
