( 1. ) THIS is an appeal filed by the accused Kadori against judgment dated 24-1-1972, passed by Shri Ram Murti, Additional Judge to the Sessions Judge, Vidisha, in Sessions Trial No. 47 of 1971.

( 2. ) THE accused has been held guilty under section 302/394 of the Indian penal Code and he has been sentenced to undergo imprisonment for life for offence under section 302, Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for a period of five years for offence under section 394, Indian Penal Code. Both the sentences are to run concurrently. ( 3. ) THE prosecution story, in short, is that deceased Poonam Chand goyal was a registered medical Practitioner at village Lateri and he very often used to go on visits to his patients in the neighbouring villages. It is alleged by the prosecution that on such visits to the neighbouring villages, he used to keep the accused in his company, who carried the canvas bag (Art. C) containing medicines. From two days prior to the fateful day, the deceased had some Rs. 2,000 on his person and on the fateful day, i. e. , 20-9-1971, the deceased accompanied by the accused Kadori, boarded the Maulana bus at lateri at 8. 0