JUDGMENT

G.B. Pattanaik, J.-The appellant who had been acquitted of the charges levelled against him having been convicted under Section 302 IPC by the High Court of Madhya Pradesh in an appeal against the order of acquittal filed by the State has preferred this appeal.

2. Appellant along with four others stood their trial before the court of Additional Sessions Judge, Gwalior. The appellant was charged under Sections 302, 120B and 332 IPC for having caused the murder of Head Constable Rajendra Singh whereas other four persons stood charged under Sections 120B, 332, 201 and 225 IPC for having agreed to commit the offence with the appellant - Betal Singh. The learned Trial Judge acquitted all the accused persons. In the appeal filed by the State against the said order of acquittal the High Court maintained the order of acquittal passed against other four persons but altered the order of acquittal so far as the appellant is concerned and convicted the appellant under Section 302 IPC and sentenced him to the imprisonment of life.

3. The prosecution case in nutshell is that one Sukhawasi had lodged a report in Police Station, Dahat against co-accused namely Kishore Singh, Vir Singh and Ku