JUDGMENT :

VIVEK AGARWAL, J.

1. This criminal appeal has been filed under section 374(2) of the Criminal Procedure Code being aggrieved by judgment dated 5-1-2016 passed by the Additional Sessions Judge, Seondha, District Datia in Sessions Case No. 39/2004 (State of M.P. through Police Station Thareth, District Datia vs. Lallu alias Dashrath and one another), whereby the appellant has been convicted and sentenced under the provisions of section 302 of the Indian Penal Code (for short ‘IPC’) with life imprisonment and fine of Rs.200/- and other co-accused has been acquitted. The present appellant has also been acquitted of the charge under section 307 of Indian Penal Code.

2. Prosecution story in short is that on 15-10-2003 at about 9.00 A.M. near “Somla Ki Puliya” close to the road from Village Sikri to Rarua under Police Sation Thareth with common object caused death of Ratan Singh Baghel with .12 bore gun and .315 bore katta so also caused deadly injuries to his wife Sukhdevi.

3. Charges were framed against the appellant and co-accused. Appellant has been charged under sections 302 and 307 of Indian Penal Code, whereas co-accused Balveer and Raju Singh were charged under the provisio