JUDGMENT :

(Shailendra Shukla, J.) :

1. This appeal under Section 374 of Cr.P.C has been preferred against the order and judgment dated 22.11.2011, pronounced in S.T.No.191 of 2011 by the 2nd Additional Sessions Judge, (Fast Track) Kukshi, District Dhar, whereby the appellant has been convicted and sentenced as under :

2. The prosecution story, succinctly speaking is that on 26.7.2009, the complainant Tulsiram Vishwakarma (PW4) along with Pappu @ Parmanand (since deceased) were going from Nagalwadi to Loni on a motorcycle driven by Pappu @ Parmanand. As they arrived at a crossing near Babulsa, they came across a wire which has been stretched across the road. This wire had been laid in order to commit loot of the passengers whose movement would get impeded as they would collide with the wire. This wire had a fatal impact upon Pappu @ Parmanand who was driving the mo