DESHA Vs. STATE OF M.P.

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 I.P.C. for committing the murder of Shivpal, U/s 302/149 of the I.P.C. for committing the murder of Shivnath and U/s 148 of the I.P.C. for offences U/s 302/149 of the I.P.C., 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 U/s 148 of the I.P.C., The sentences have been ordered to run concurrently.

(2.) ALONG with the six appellants, Sura and Bharosa were also prosecuted for the offences U/s 302/149 and 148 of the I.P.C., but they have been acquitted of these offences. Saroopsingh was also charged U/s 120 -B of the I.P.C. but he too was acquitted of this offence.

(3.) THERE has been long standing enmity between the appellants on one side and the family members of the two deceased persons on the other. Both parties were involved in proceedings U/s 107 of the Cr. P. Code. Relatives of the appellants had taken out the eyes of the deceased Shivnath and one Devisingh about 14 years back. About three years back, the appellants had set fire to the Khoda of Siyaram (P.W.11).