ORDER

This appeal by the appellant herein arises out of a judgment dated 8.11.2005 passed by a Division Bench of the High Court of Madhya Pradesh whereby and whereunder the criminal appeal preferred by the State questioning an order of acquittal passed by the Trial Judge against three accused persons, namely, Gulab Singh, Ashok Kumar and Kalyan Singh, was allowed in part and the appellant herein was convicted for the alleged commission of offence under Section 302/34 of the Indian Penal Code. The High Court by reason of the said judgment, however, dismissed the appeal preferred by Budh Singh who had been convicted by the learned Trial Judge under Section 302 of the IPC.

2. The incident occurred at about 4.30 p.m. on 31.7.1989. The first informant Gyan Singh, who is the brother of the deceased, had gone to take bath at the well of one Dangal Singh Yadav. Allegedly Gyan Singh, who was also coming to the well for taking bath, found that his brother had been taking bath using soap on his body when Budh Singh armed with 12 bore double barrel rifle, Kalyan Singh armed with 12 bore double barrel rifle, Ashok Yadav armed with Topidar rifle of Kalyan and Gulab and Dashrath armed with rifles r