JUDGMENT

Santosh Hegde, J.-The appellant and another person by name Gowardhan were charged for offences punishable under Section 302 read with Section 34 and Section 201 read with Section 34 IPC for having committed the murder of one Abhai Kumar on 21-5-1988 and for having destroyed the evidence by throwing the dead body of said Abhai Kumar in a lake. The learned Sessions Judge, Mandsaur, Madhya Pradesh, who tried the accused for the above charges, imposed a sentence of imprisonment for life on both the accused for an offence punishable under section 302 read with 34 and a further RI for a period of 3 years under section 201 read with Section 34. In an appeal filed by the convicted accused which included the appellant before us, the High Court of Madhya Pradesh, Jabalpur, Bench at Indore allowed the appeal of Gowardhan and acquitted him of all charges while the appeal filed by the appellant herein - Babudas - was dismissed, confirming his conviction and sentence under Sections 302 and 201, IPC. It is against this judgment of the High Court that the appellant is before us in this appeal.

2. Brief facts necessary for disposal of the appeal are that the first accused (since acquitted) a