MALKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present criminal appeal filed u/S. 374(2) of the Code of Criminal Procedure assails the judgment of conviction and order of sentence dated 15/11/2006 passed in S. T. No. 121 of 2004 by which the appellants have been convicted u/S. 302 of IPC and sentenced them to suffer life imprisonment with a fine of Rs. 10,000/- each.

(2.) The appellants have been convicted for life sentence for the murder of two persons namely Barelal and Kalabai in an incident which took place on 04/06/2004 at about 9 A. M. It is an admitted position that the deceased Barelal was the husband of deceased Kalabai and they were issueless. Both the accused/appellants are son of Bhujbal Singh and are real brothers.

(3.) According to prosecution, the accused did not want the deceased Barelal to sell his 10 Bigha land (disputed) to Sardar Singh (PW/5) for a consideration of Rs. 35,000/- per Bigha, registration of which was to take place in the month of June. Waiting for the appropriate time, the accused Malkhansingh armed with Hasiya and the accused Maharajsingh armed with Axe, assaulted deceased Barelal and Kalabai by repeated blows as a result both of them died. When Maharajsingh (PW/1) stopped them, both the accused ran away from the place of occurrence.