IN REF. Vs. SURESH

JUDGEMENT

(1.) THE reference has been made by learned Sessions Judge, Hoshangabad under Section 366(1) of the Cr.PC for referring the death sentence imposed upon the accused namely Suresh and Mukesh as per judgment dated 22nd May, 2007 passed in Session Trial No. 301/2006 for commission of murder of Roop Singh and Shivpyari Bai on 5 -6 -2006. The appeal has also been preferred by the accused persons as against the impugned judgment whereby convicting them for commission of offence under Section 302,302/34 of the IPC.

(2.) BRIEFLY stated prosecution case is that on 5 -6 -2006 at about 6.30 p.m. the accused persons committed murder of Roop Singh and Shivpyari Bai as they suspected them of practicing witchcraft resulting into death of brother of accused persons namely, Guddu. The report was lodged by Karan Singh at 7.30 p.m. at Police Station Babai, which was recorded as merg intimation (P -15). Investigation was set in. Accused Suresh was armed with knife while accused Mukesh was armed with axe. On the aforesaid suspicion they committed murder of Roop Singh and Shivpyari Bai. Prosecution examined in all 12 witnesses. In defence 2 witnesses have been examined.

(3.) THE appellants have been convicted and sentence to death by impugned judgment. Consequently, the appeal has been preferred and reference has been sent for confirmation of death sentence by the learned Sessions Judge.