CHARLI RAJA Vs. STATE OF M P

JUDGEMENT

(1.) Both these criminal appeals bearing Criminal Appeal No. 1889/1996 and 2066/1996 arise out of the same judgment dated 10.10.1996 passed by Additional Sessions Khurai, District Sagar in S.T. No. 42/1996. Hence, they are being disposed of by this common judgment.

(2.) Appellant Charli Raja has been convicted under section 302 of IPC and the other two appellants, namely, Saheb Singh and Nandram have been convicted under section 302/34 of IPC for committing double murder of Govind Singh and Moorat Singh (hereinafter to be referred as 'deceased' by their respective names) and each of them have been sentenced to imprisonment for life with fine of Rs. 1000/-on each count by the impugned judgment.

(3.) According to prosecution, on 17.9.1995 at about twelve 'O'clock in the noon at 'Nadiyara Haar' near village Barodiya Khera, when deceased Govind Singh and his sons Moorat Singh and Sobhag Singh were ploughing their field, appellants came there on a tractor. Appellant Charli Raja was armed with a twelve bore gun, while the other two appellants were carrying 'katta'. Appellant Charli Raja had old enmity with deceased Govind Singh over the land and on account of enmity he fired a shot from his gun at deceased Govind on right side of his chest and fired another shot at Moorat Singh, son of Govind Singh, on his chest, while other appellants exhorted appellant Charli Raja to kill them. Sobhag Singh, the other son of Govind Singh being frightened by firing of shots, rushed away from the spot. Bhagwan Singh, Suresh Singh and Deevan Ahirwar reached there on the spot on hearing sounds of firing from nearby fields. Then, appellants and other co-accused Munna fled away by the tractor.