ASHOK KUMAR TIWARI. J.

( 1 ) APPELLANT-POORSLNGH has been convicted under Ss. 324 and 302/34 of the Indian Penal Code and all other appellants have been convicted under Ss. 324/34 and 302/34 of the Indian penal Code by learned Sessions Judge, ujjain, vide judgment and order passed in s. I. No. 225/96.

( 2 ) (A), Prosecution's story as unfolded by the evidence is that on the date of incident nirbhay Singh (P. W. 7) had been to Zarda for purchasing roofing tiles. Roofing tiles purchased by him were sent by him to his village by the bullock cart of Poora Balai. At about 5 O'clock in the evening Bhagwan singh of village Varsi (deceased) met him in village Zarda. On being told by Nirbhay singh (P. W. 7) that he would be going to meet his brother at Naharkheda, he expressed his willingness to accompany him and thereafter both of them started towards naharkheda riding in the bus. Appellant-poor Singh and some other persons of the village were also travelling in the bus, in which Nirbhay Singh (P. W. 7) and deceased-bhagwan Singh were travelling. All the above persons got down from the bus on the way leading to village Naharkheda and appellant-poor Singh left for Naharkheda while bhagwan S

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