DESHA ABADHI KACHHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal, the six appellants Desha, Kariya, girdhari, Baboolal, Halke and Chiliya alias Ramprasad have challenged their convictions under sections 302/149 of the Indian Penal Code for committing the murder of Shivpal, under section 302/149 of the Indian Penal Code for committing the murder of Shivnath and under section 148 of the Indian Penal code. For the offences under section 302/149 of the Indian Penal Code, on each count, each of them was sentenced to undergo imprisonment for life. The appellants were also sentenced to undergo two years' rigorous imprisonment for the offence under section 148 of the Indian Penal Code. The sentences have been ordered to run concurrently.

(2.) ALONG with the six appellants, Sura and Bharosa were also prosecuted for the offences under sections 302/149 and 148 of the Indian Penal Code, but they have been acquitted of these offences. Saroopsingh was also charged under section 120-B of the Indian Penal Code, but he too was acquitted of this offence.

(3.) THE prosecution case is this: Village Katia is situated at a distance of 8 miles from police station Chandla. The two deceased Shivpal and Shiv-nath were real brothers and resided at village Katia. The six appellants are also residents of this very village. The two deceased had four other brothers out of whom Jagdish and Gulab are dead. Baboosingh (P. W. 1) and Siyaram (P. W. 11) are alive. About 14 years ago, somebody had taken out the eyes of the deceased Shivnath. Rambai (P. W. 9) is the mother of Shivnath and shivpal. Mat. Kaushalya (now deceased) was the widow of deceased Shivpal. Gyansingh (P. W. 10) is the son of the deceased Shivpal.