KOCHAR, J. - (1.) THESE two appeals have been filed by appellant Rameshwar and appellant State against the judgment dated 6.8.1999, passed by learned II Addl. Sessions Judge, Ujjain in Sessions Trial No. 51/93, whereby convicted the appellant Rameshwar u/s 302 IPC and sentenced to R.I. for life, while acquitting other co-accused persons Shailendra and Dungarsingh from the charge u/s 302/34 IPC. The State has preferred appeal against acquittal of co-accused persons.
(2.) THE prosecution case in short is that on 29.3.1992, in the morning the deceased Shankarlal reached in the market from his village Panjed on tractor with his driver Jagdish (PW 7) and Bherusingh (PW 1), who came with him for repairing of his motor. The deceased Shankarlal and his companion, after doing purchasing in the market, when reached in front of Gonda Chowky they met on the way appellant Rameshwar and acquitted co-accused Shailendra and Dungarsingh. The appellant Rameshwar exhorted his companions to kill Shankarlal on which co-accused Shailendra and Dungarsingh caught hold of Jagdish (PW 7) and Bherusingh (PW 1) whereas appellant Rameshwar hit by the stone at the backside of head of deceased Shankarlal. The deceased fallen on the ground, thereafter accused persons run away from the spot. FIR (Ex. P-7) was lodged by Jagdish (PW 7). The deceased was got admitted in the hospital in the evening. Dr. Anil Sinha (PW 12) has examined the deceased. The doctor noted two lacerated wound on the head and two on the face. His post-mortem was performed by Dr. Raj Kumar Singh (PW 15). The postmortem report is Ex. P-19. After due investigation, the chargesheet was filed. The learned trial Court framed the charge against the appellant and acquitted co-accused persons u/s 302/34 in alternative 302 of the IPC. They abjured their guilt. Therefore, put on trial. The learned trial Court, after recording the prosecution evidence and hearing both the parties, acquitted the co-accused Shailendra @ Chotu and Dungarsingh whereas Rameshwar has been convicted u/s 302 IPC and sentenced to life.
(3.) WE have heard Shri Yogesh Purohit, learned counsel for appellant and Shri G. Desai, learned Dy. A.G. for respondent. In Criminal Appeal No. 1663/ 99 none has appeared for the respondents. Therefore, we have appointed learned counsel Shri Yogesh Purohit as amicus curiae on his behalf.;