ORDER :

Criminal Appeal No. 701 of 2001

N. Santosh Hegde, J. - The appellant herein along with six other accused persons was charged for the offences punishable under Section 302 read with Section 149 and Sections 395, 396 and 397 read with Section 149 Indian Penal Code by the Sessions Judge, Dewas, Madhya Pradesh in ST No. 28 of 1993.

2. Out of the six accused persons, two of them, namely, Parmalsingh and Jitendra were absconding, hence, their case was separated and the trial proceeded against the four accused persons only. The learned Sessions Judge came to the conclusion that the prosecution has not established the case against A-4, hence, acquitted him of the charges levelled against him. So far as A-1, Sarnamsingh and A-2, Shivrajsingh are concerned, the learned Sessions Judge came to the conclusion that the prosecution has established the charges levelled against them and taking into consideration the gravity of the offence convicted them for the offence under Section 302 and sentenced them to death and referred the matter to the High Court for confirmation of the sentence. So far as the appellant before us is concerned, the learned Sessions Judge had found him guilty of the off