PEER SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the three appeals are being disposed of by a common judgment since they arise out of one incident and one judgment delivered by the trial court.

(2.) The facts necessary for deciding this case are that 15 persons were tried for the murder of Babusingh on the night intervening 13/14th September 1992 near Village Kalma, Dewas District, Madhya Pradesh. The trial court acquitted 8 persons and convicted 7 persons. Gajrajsingh, Harisingh, Bhagwansingh @ Bhaggu, Peer Singh, Gulabsingh, Shobharam and Thakursingh were convicted by the trial court for having committed the offence punishable under Section 302 read with Section 149 and 148 of Indian Penal Code (IPC) and all the 7 accused were sentenced to undergo imprisonment for life.

(3.) Harisingh died when the appeal was pending before the High Court, and Shobharam died during the pendency of the appeal in this Court, therefore, the appeal stands abated against them. We are informed at the Bar that Gulabsingh and Thakursingh did not file any appeal and they have already undergone the sentence imposed upon them. Thus, we are left only with the appeals of Gajrajsingh, Bhagwansingh and Peer Singh.