Shri Dr. T.N. Singh, learned senior companynsel, appeared for the appellants and Ms Rachna Srivastava and Shri S.K. Agnihotri, learned companynsel, for the respondents.
The offence with which the accused were charged related to an occurrence at about 8.30 p.m. on 18.8.83 involving the murder of one Ramprasad, a resident of village Basodi, who was residing along with his brothers Sitaram PW 4 , Ghanshyam Singh PW 9 and companysin Shiv Kumar PW 8 .
250 of 1984, affirming the decision of the Sessions Court, companyvicting the appellants under Sections 148, 302 read with Section 149, IPC, and imposing a sentence of life imprisonment.
Since, the 9th accused by name Man Singh did number surrender before filing the appeal, the Special Leave Petition, insofar as it related to him, came to be dismissed and leave was granted only in respect of the other remaining accused.
250 of 1984 and during the pendency of the same, one by name Omprakash died and appeal in respect of him abated.
The Division Bench of the High Court also re appreciated the materials and after an elaborate companysideration of the same and the companyclusions of the learned Trial Judge, companyfirmed the findings and the sentence imposed.
The case of the prosecution that the accused formed themselves into an unlawful assembly at 5.30 p.m. on the day of occurrence with the companymon object of murdering Ghanshyam Singh and his brother Ramprasad and in furtherance of the companymon object of the said unlawful assembly, they companymitted rioting armed with deadly weapons and murdered Ramprasad, found favour of acceptance of the learned Trial Judge.
RAJU, J. This appeal has been filed against the judgment dated 15.3.2000 of a Division Bench of the Madhya Pradesh High Court Gwalior Bench in Criminal Appeal No.
