JUDGMENT

MUKUND AKAM SHARMA, J.--Leave granted. The present appeal is directed against the judgment and order passed by the Madhya Pradesh High Court convicting the appellant herein under Section 302 read with Section 34 of the Indian Penal Code [for short "IPC"] as also under Section 323 read with Section 34 of IPC sentencing the appellant to undergo imprisonment for life under Section 302/34 for committing murder with a fine of Rs.5,000/- and in default of payment of fine further to undergo one year additional rigorous imprisonment.

2. The brief facts leading to the filing of First Information Report and the present case/appeal are that on 18.11.1986 the complainant-Hardev Singh lodged a written complaint which was exhibited in the trial as Exhibit P.1 in the Police Station- Pichhore contending inter alia that his brother Bhola Singh alias Kamal who was residing in Village Sarnagat had gone to Janakpur via Village Badera to purchase seeds of chana on 17.11.1986 along with Sukhdev Singh and that at about 8.00 p.m. when they reached near the tapra of Dilip Singh, Raju, son of Dilip Singh, armed with kirpan [sword]; Baldev armed with lathi and Chhidda alias Gurudev armed with loha