(1.) <DJG>S.K.Kulshrestha, J.</DJG> This appeal is directed against the judgment dated 25th April, 2007, passed by the learned Additional Sessions Judge, Sendhwa, District Badwani(M.R) in Sessions Trial No.61/2005 by which the learned A.S.J, has convicted each of the appellants under Section 302 of the I.P.C. read with Section 34 thereof and also under Section 201 of the I.P.C. and sentenced them to suffer imprisonment for life and fine of Rs.500/-and also rigorous imprisonment for three years and fine of Rs.250/-, respectively thereunder.
(2.) While the case was fixed for hearing on admission and I.A. No.3294/2007 for suspension of sentence and grant of bail, in view of the controversy involved and the glaring infirmity in the appreciation of the evidence, with the consent of the learned counsel for the parties, the appeal was finally heard.
(3.) The appellants have been prosecuted for the said offence on the ground that they caused the death of their brother Balam by causing injuries with an axe and thereafter, disposed of his body by burying it, with a view to screen the offence committed by them. According to the case of the prosecution, on 20/07/2005, at about 7.00 or 7.30 p.m., the deceased, husband of complainant Chuntibai(P.W. 10), had gone to the field to see his crops. Since, he did not return by the time expected, a report was lodged on 23/07/2005, on the basis of the information given by Richa son of Tebda(P.W.4) and Richa son of Surbhan (P.W.5) to the effect that he had been killed by her brothers-in-law by causing injuries and had thereafter, burried him.