SURINDER SINGH Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 28.09.1996 the appellants have been convicted for an offence of having murdered their real brother Rakesh.

(2.) Vide order 28.09.1996, the appellants have been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 2000/-; in default of payment of fine they have been directed to undergo further RI for six months.

(3.) Learned counsel for the appellant concedes that the evidence on record establishes beyond reasonable doubt that the appellants participated in the injuries which were inflicted upon Rakesh, but contends that from the acts committed by the appellants, there being no evidence of past motive, at best the evidence makes out a case of culpable homicide not amounting to murder, punishable under Section 304 Part I IPC.