JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – This judgment shall govern disposal of Criminal Appeal No. 99/2010 filed by appellant-accused Umesh Singh against the judgment of conviction and sentence dated 22-12-2009 passed by Additional Judge to the Court of 6th Additional Sessions Judge (FTC), Bhind (MP) whereby he has been convicted under section 302 IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/- and further convicted under section 148 IPC and sentenced to undergo one year RI with fine of Rs. 1,000/- with default stipulation. Criminal Appeal No. 37/2010 has been filed by appellant No. 1 accused Manoj Singh and three others against the same judgment of conviction and sentence whereby they have been convicted under section 302/149 IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/- each and further convicted under section 148 IPC and sentenced to undergo RI of one-one year with fine of Rs. 1,000/- each with default stipulation. Since both the criminal appeals have arisen from common judgment of conviction and sentence passed by learned trial Court, therefore, we have heard both the criminal appeal together.

2. From the report dated 20-10-20