NANDU AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal filed under Section 374 of the Cr.P.C., appellants have assailed their conviction under Section 302 read with Section 34 of IPC and sentence of life imprisonment with a fine of Rs.50, 000/- with default stipulation recorded by Second Additional Sessions Judge, Ashoknagar District Guna vide judgment dated 15.04.2005 passed in ST No. 62/2004.

(2.) Undisputedly, both appellants Nandu and Veeru are real brothers.

(3.) Prosecution's case, in brief, is that on the date of incident, i.e., 18.11.2003, complainant Brijesh Kumar (PW- 1) resident of Gram Sijawat lodged FIR (Ex.P-1) at 23:20 hours at Police Station Ashok Nagar to the effect that Ramleela was being played in their village for last three days. On the date of incident, complainant Brijesh Kumar, his brother Santosh (deceased), their father Ramnarayan (PW-2) and his mother were watching Ramleela in the night on the date of incident. At about 10:00 pm, both the appellants Veeru and Nandu, resident of same village, came on scene of occurrence and due to enmity, appellant Veeru caught hold hands of complainant's brother Santosh and thereafter appellant No.2-Nandu inflicted injuries by his knife to Santosh on left side of his neck and on his abdomen and blood was oozing out from the injuries. The incident was witnessed by Shyam Sharma, Veeru Sharma (mama) and Jai Prakash Sharma and so many other persons of the village, who were watching Ramleela. After the incident, injured Santosh was being taken to Police Station Ashok Nagar by complainant by tractor and trolley, but before reaching to the Police Station, on the way injured Santosh died. Two days prior of the incident, i.e., on 16.11.2003 a cricket match was played in the village, wherein a quarrel occurred between complainant's brother Santosh and both the appellants and due to this enmity, his brother was killed by the appellants. FIR (Ex. P-1) was scribed by Sub-inspector RKS Chouhan (PW-7) and marg report (Ex. P-5) was also separately registered at the Police Station.