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S.K.KULSHRESTHA, MANJUSHA P.NAMJOSHI
Kailash Alias Gudda S/O Vikram – Appellant
Versus
State Of M. P. – Respondent
JUDGMENT :
S. K. KULSHRESTHA, J.
This appeal is directed against the judgment dated 29-6-2002 of the learned IVth Additional Sessions Judge, Dewas, in Sessions Trial No. 71/2000 whereby, while acquitting 13 co-accused, the appellant has been convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 2,000/-. He has further been convicted under section 307 of the Indian Penal Code for attempting at the life of Lakhan, Madanlal, Bherulal and Pappu and sentenced under each count to rigorous imprisonment for 10 years and fine of Rs. 500/-. Sentence has also been awarded in default of payment of fine.
2. The appellant was prosecuted for the said offences along with 13 co-accused on the premises that there was estrangement between the villagers and the Kanjars with regard to the grazing of their cattle. On 22-9-1999, the Shepherds of the village namely; Bapu, Badri, Janki, Sagar and others had gone to the fields to graze their cattle, but their cattle had been taken away by Kanjars to their abode. Thereafter, complainant Suraj Jat, Pawan, Jankilal, Bapu, Sagarmal, Badri, Hari Yadav, Devkaran, Badrilal Patidar, Lakhan
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