JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is directed against the final judgment and order dated 03.09.2009 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 2464 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and upheld the judgment dated 30.08.2000 passed by the Additional Sessions Judge, Katni in Sessions Trial No.690/1999 by which the appellant was found guilty of the offence punishable under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo life imprisonment and a fine of Rs.1000/-, in default of payment of fine, to undergo further rigorous imprisonment for three months.

2. In order to appreciate the issues involved in this appeal, relevant facts need mention in brief infra.

3. Three accused persons, namely, Satya Raj Singh (appellant herein), Santosh and Argent alias Prabhu Dayal were prosecuted for committing murder of one person called Bhaiya alias Narendra under Section 302/34 IPC.

4. The Additional Sessions Judge, Katna by his judgment/order dated 30.08.2000 found the appellant– Satya Raj Singh guilty for commission of murder of B