JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the order passed by a Division Bench of the Madhya Pradesh High Court, Indore Bench. On the basis of the accusations that appellant and four others were responsible for the homicidal death of one Kailash (hereinafter referred to as the ‘deceased’) on 27.10.1995, the accused persons faced trial. The learned First Additional Sessions Judge, Shajapur, found two of the accused persons i.e. Prakash and appellant herein Shyam to be guilty of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). Each was sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/- each with default stipulation. The other three were acquitted. The appellant and co-accused Prakash preferred an appeal before the High Court which was dismissed by the impugned order, so far as appellant is concerned. Prakash was directed to be acquitted.

3. Prosecution version as unfolded during trial is as follows:

On 27.10.1995 wife of the deceased Bhagwantibai (PW-1) was in her house, when at about 11.00 o’Clock, she heard the alarm raised by her husband. When she came out, she