BALDEV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Baldev Singh and Gurmeet Singh, the two accused-appellants, are real brothers and have been held guilty of an offence punishable under Section 302, IPC. Both have been sentenced to imprisonment for life.

(2.) One Inder Singh and his six sons including the two appellants, were all charged under Section 302 read with 120-B, IPC for having hatched a conspiracy to intentionally commit murder of Peshawar Singh, the deceased, pursuant whereto the two accused-appellants intentionally caused death of the said Peshawar Singh on 26-6-1993 at a place situated on Agra-Bombay road falling within the territory of P.S. Shivpuri. The trial Court disbelieved that part of the story which related to hatching conspiracy and, therefore, directed five accused persons, other than the two accused-appellants, to be acquitted. The two accused-appellants have been held guilty by the trial Court under Section 302, IPC which conviction has been maintained by the High Court.

(3.) A few admitted facts. The family of the accused persons and the several witnesses including Satnam Singh, PW-3 and Raghubir Singh, PW-4, the two eye-witnesses, are all residents of village Baskhedi situated at a distance of about one and a half kms. in the interior from Agra-Bombay National Highway. The place where the incident took place is situated at a distance of about six kms. from the city of Shivpuri.