RAJENDRA AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants under Section 374 of Cr.P.C. being aggrieved by judgment of conviction and sentence dt.28.02.2009 passed by the court of Second Additional Sessions Judge, Gwalior in Sessions Case No.224/2006 under the provisions of Section 302 read with Section 34 of IPC with life imprisonment to each of the appellants and fine of Rs.1,000/-. In default of payment of fine, six months' further simple imprisonment has been directed to be undergone by the appellants.

(2.) As per the prosecution story, on 25.04.2006, deceased Vidhyaram was murdered by the appellants between 1.00 a.m. and 4 a.m. at Govardhan Colony, Gola Ka Mandir, Gwalior by using a sharp cutting object like ballam in pursuance of common intention.

(3.) On 25.4.2006, FIR (Ex.P/7) was recorded at about 7.00 a.m. against the appellant No.1 Rajendra @ Rajkumar and 3-4 unknown accomplices under the provisions of Section 302/34 of IPC. On the basis of report of Lalaram (P.W.3), who is the brother of the deceased Vidhyaram, FIR at Crime No.177/2006 was registered under Section 302 read with Section 34 of IPC. According to the FIR, Vidhyaram was a retired Constable from Special Armed Forces and was involved in the work of maintaining a piggery. Every day he was observing that some of the pigs were stolen, as a result deceased Vidhyaram used to wander in the colonies to take care of pigs. On 25.04.2006 at about 1.00 a.m. Vidhyaram had left his house to look for his pigs when at about 6.30 a.m. intimation was received by him that his brother was murdered with the aid of ballam used to kill pigs in Govardhan Colony. When Lalaram (P.W.3) reached at the place of incident, then Anil Sharma (P.W.2) informed him that Vidhyaram was killed by 3-4 persons. It is also mentioned that some persons felt that life of Vidhyaram can be saved, therefore, Bhagchand Ahirwar had taken Vidhyaram to J.A. Hospitals. Lalaram had expressed his doubts on appellant No.1 Rajendra alleging that a report was lodged 7-8 days prior to the incident against Rajendra and his companions. FIR (Ex.P/7) also makes a note that incident was seen by Anil Sharma and his neighbours and if accused persons are presented, then they shall identify the accused persons.