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, Indore Bench, which by the impugned judgment disposed of three appeals filed by the accused persons who faced trial in Sessions Trial No.276/2000 before learned IInd Additional Sessions Judge, Dhar. Nine accused persons faced trial. They were charged for commission of offences punishable under Sections 147, 148 and Section 302 and in the alternative under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). The trial Court convicted each one of them under Section 302 read with Sections 149, 147 and 148 IPC and imposed sentences to life imprisonment and fine with default stipulation of one year and two years respectively.

3. Prosecution version in a nutshell is as follows:

On 02.09.2000, Yunus (hereinafter referred to as the ‘deceased’) along with Jafar (PW-6) at about 2.30 p.m. left by bike for Ujjain. On the way near Kesur, one Kadar (PW-4) met them, and they had a talk with him. Since it was 4.00 p.m., Jafar (PW-6) and the deceased changed their mind and did not go to Ujjain and came back to Dhul