JUDGMENT

Ranjan Gogoi, J. - Criminal Appeal No. 2001/2008 has been filed by accused Baliya whereas Criminal Appeal No.2002/2008 has been filed by co-accused, Gopal. Both the appellants are aggrieved by the common order dated 20.4.2007 passed by the High Court of Madhya Pradesh by which the conviction of the appellants under Section 120B read with Section 302 IPC and the sentence imposed has been affirmed.

2. The short case of the prosecution is that on 11.10.1991 Head Constable, Mukesh Kumar (PW 7), of Police Station Balwada, while returning from the Court where he had gone to attend the hearing of a case, found a person lying unconscious on the road side on Indore road. As the person was profusely bleeding PW-7 sent information to the police station, Balwada, which was entered in the General Diary of the police station. Thereafter, the victim was brought to the hospital where he was declared dead. As there were injuries on the person of the deceased, PW 14, S.S. Tomar (Inspector of Police) registered an offence under Section 302 and took up investigation of the case. On completion of investigation, the two appellants’ alongwith co-accused Manish (since dead) and Chhotu (acquitted)