MADHO SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 22.09.11 passed by the learned Sessions Judge, Shivpuri, in Sessions Trial No.193 of 2010 (State of Madhya Pradesh Vs. Madho Singh and another), convicting the appellants under Section 302 read with Section 34 of IPC and thereby sentencing each of them to suffer rigorous imprisonment for life and fine of Rs.5,000/ in default of payment of fine further one year imprisonment, under Section 323/34 of IPC and thereby sentencing each of them to suffer rigorous imprisonment for six months, and under Section 506 (Part II) of IPC to suffer one year rigorous imprisonment, with further stipulation that the jail sentences shall run concurrently, the appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) The undisputed fact is that the deceased, Kamlesh, complainant, Hargovind (P.W.4) and appellant No.2, Lalla are the real brothers and sons of appellant No.1, Madho Singh.

(3.) Prosecution story, in brief, may be narrated as under: