JUDGMENT

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court upholding the conviction of the appellant for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) as was awarded by learned Additional Sessions Judge, Panna, in Sessions Trial No.15/1992.

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

On 30th November, 1991 at about 5.00 p.m. Ram Kishore (hereinafter referred to as the ‘deceased’) was murdered in an agricultural field. First Information Report was lodged by Manik Lal at Police Station, Pawal in the evening at about 7.00 p.m. Offence was registered as Crime No.124/91 under Section 302/34 IPC. Deceased had eloped with Lalli, sister of Ramcharan (A-2) and both of them had performed court marriage. The court marriage was registered and Lalli was living with Ramkishore. The appellant was having enmity with deceased on account of aforesaid incident. Deceased after eloping with Lalli was living in some other village and returned to his village a month before the incident. Ramkishore had gone to answer the call of nature in t