[Criminal Appeal No.1451 of 2009]. This appeal is preferred against the judgment and order dated 12.8.2008 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.1537 of 1998. The appellant herein is accused no.1 and he along with five other accused were tried in Sessions case no.193/1995 on the file of Sessions Judge, District Shahdol and the trial court convicted them for the commission of offences under Section 147 and Section 302 read with Section 149 IPC and sentenced each of them to undergo rigorous imprisonment for one year for the first offence and each of them to undergo imprisonment for life for second offence. Aggrieved by the same all the accused preferred Criminal Appeal no.1537 of 1998 to the High Court of judicature at Jabalpur. During the pendency of appeal appellant no.2/accused no.2 Ramashankar died and the appeal preferred by him stood abated. The High Court confirmed the conviction and sentence of accused no.1 Umashankar, accused no.3 Shivashankar and accused no.4 Gaurishankar and at the same time acquitted accused no.5 Vasudev and accused no.6 Gyandev by allowing the Criminal Appeal in part. Challenging his conviction and sentence, accused no.1 Umashankar has preferred the present appeal. Briefly the case of the prosecution is narrated as follows : PW7 Savitri Bai is the mother of Kalua @ Ramnath and PW9 Usha Bai is his wife.
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