Santosh Hegde, J. - (1.)The appellant herein and five others were sent for trial before the First Additional Sessions Judge, Sagar (M. P.) in Sessions Trial No. 159 of 1984 on a charge under Section 302, I. P. C. and in the alternate under Section 302 read with Section 149, I. P. C. for having caused the death of one Shamim on 10th of March, 1984 around 9.45 p.m. The learned Sessions Judge while acquitting five of the accused persons convicted the appellant herein of an offence under Section 302 and sentenced to undergo R. I. for life. The appellant preferred an appeal before the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 225 of 1988. The said appeal came to be dismissed by the judgment of the High Court dated 9th of March, 1999. Being aggrieved by the said judgment and conviction, the appellant has preferred this appeal.
(2.)The appellant is represented by Shri Anip Sachthey, learned Advocate of this Court who is appointed as an Amicus Curiae and the respondent by Ms. Geetanjali Mohan.
(3.)The prosecution case, in brief, is that on 10th of March, 1984, at about 9.30 p.m., the appellant along with six other persons caused as many as 23 injuries on Shamim, consequent to which he died. The prosecution in support of its case has examined PW-6 Ballu, as eye-witness to the incident, PW-2 Bhai Abdul Rashid who having come to know of the incident lodged a complaint as per Ex. P. 2. PW-3 Dr. Choubey and PW-8 Deputy Collector - M. P. Shrivastav, who recorded the dying declaration of the deceased as per Ex. P. 5 among other evidence.