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S.L.KOCHAR, S.K.SETH
SUBHASH s/o SANTOSH GAWDE – Appellant
Versus
STATE OF M. P. – Respondent
JUDGMENT :
S. K. SETH, J.
1. Appellant/accused has preferred this appeal against the conviction and sentence handed down by the 13th Additional Sessions Judge, Indore in S.T. No. 176/1993. As against the charges under sections 148 and 302 or 302 read with 149 and 307, Indian Penal Code framed against him, trial Court found him guilty of offences punishable under sections 148 and 302 of the Indian Penal Code and sentenced him to life imprisonment under section 302 with a fine of Rs. 1000/- with default stipulation and one year RI under section 148, Indian Penal Code. Other co-accused have been acquitted of all the charges framed against them except Anil brother of appellant, who was ordered to face trial in the Juvenile Court by virtue of this Court order passed in Criminal Revision No. 333/94 dated 31-10-1995.
2. Appellant Subhash along with 4 other co-accused was brought before the Court to stand trial for having committed murder of Praveen on 11-1-1992 at about 4.30 a.m. in the morning in the M. Y. Hospital Indore. Appellant abjured his guilt and took the plea of alibi and examined two defense witnesses in support of that plea.
3. Prosecution case as opened out before the trial Court
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