PRAVEEN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) APPLICANT No. 1 is charged and facing trial under section 302 read with section 34 and 201 of the Indian Penal Code, whereas applicant No. 2 Kishore Pratap Singh is charged and facing trial under section 302 read with section 120 -B and 302, 109 of the Indian Penal Code along with other accused persons Raju @ Rajendra Pratap Singh, Prakash Singh, Babaloo @ Nagendra Pratap Singh.

(2.) THE prosecution story in short is that dead body of one Satish was found near Biruhali Tiraha on 25.5.1990. Satyendra Singh lodged report on 25.5.1990 at 7.30 A.M. According to the prosecution deceased Satish had developed illicit relations with Ranjana sister of Rajendra Pratap and Babaloo. The deceased and the other accused persons are closed relatives first cousin. Because of the illicit relations of sister Ranjana with deceased Satish the accused persons have made a plan to kill Satish Singh and have implemented it in the night of 25th May, 1990 when Satish was returning back from Burhar to village Biruhali. The weapon used for commission of the crime and other articles are seized from some of the accused persons.

(3.) COUNSEL for the State has taken me through the statement recorded of the witnesses and some of the letters written by Ranjana to the deceased. The letters written by Ranjana clearly indicate that she apprehended that her brothers are making the plan to kill deceased Satish and she had warned him to remain on guard. Statement of Satyendra Kumar Singh, Shailendra, brothers of the deceased, and Gopal Singh, further is in regard to the previous enmity of the applicants with the deceased and applicants threatening deceased that they will kill him by bullet. Statement of Sultaniya Bai is to the effect that she had heard the accused on the night of the incident conspiring to commit the murder of someone and Satish was found dead next day in the morning.