Shrivastava, J. -- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 28.4.2009 passed by learned Special Judge appointed under Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (hereinafter referred to as "the Adhiniyam"), Gwalior in Special Case No. 6/08 convicting the appellant under Section 302, 394 of IPC as well as under Section 13 of the Adhiniyam and thereby sentencing him to suffer life imprisonment and fine of Rs. 500/-, seven years RI and fine of Rs. 500/- and three years RI respectively, in default of fine, further RI of 50 days with further stipulation that all the sentences shall run concurrently, this appeal has been preferred under Section 374 (2) of Code of Criminal.

2. In brief, the case of prosecution is that on 31/10/2007 at 8.15 p.m., complainant-Hemant Kumar Joshi along with his brother-in-law Ramkishan and father-in-law Ram Gopal came to Police Station Dabra and lodged the report that he is a resident of village Arm and having his house in meat market at Dabra. His father Durga Prasad (herein after referred to as "the deceased") is employed on the post of Compounder in Government Hospital. On 31/ 10/