JUDGMENT

N.SANTOSH HEGDE, J.

(1) THE appellant along with his lady friend, Jyoti was charged under sections 302 and 307 IPC read with section 34 IPC for having committed the murder of one Ramkaran Mishra and also for inflicting injuries on one Narendra Kumar, PW2 on 26.6.1995 between 8.30 p.m. and 10 p.m. at Indore. Learned additional sessions judge, Indore found the said Jyoti not guilty of the offence alleged against her hence acquitted her, while the appellant was found guilty of the offence under section 302 IPC hence sentenced him to undergo imprisonment for life for having committed the murder of said Ramkaran Mishra. He also found the appellant guilty for the offence under section 307 IPC and sentenced him rigorous imprisonment for 7 years for having caused injuries with the intention to cause death of Narendra Kumar, PW2.

(2) THE appellants appeal before the High Court of Madhya Pradesh having failed he is before us in this appeal by leave. However, it should be noticed that on 18.9.2001 leave was granted limited to the question of nature of the offence only.

(3) THE prosecution case briefly is that on 26th of June, 1995, the appellant a