- (1.) We have heard learned counsel for the parties.
(2.) The present is a case of fratricide, the deceased was the brother of accused No. 1. Accused No. 2 is the wife of Accused No. 1. As per the prosecution story a dispute had arisen between the two brothers and their families on account of their land holdings with the result that they were not on talking terms. On the 7th October, 1989, accused No. 1 armed with the handle of a spade and accused No. 2 with a stick caused injuries to the deceased after they had intercepted him in the fields and after they had shouted out that they would teach him a lesson for wanting his share in the property. This incident was seen by P.W. 1, the daughter of the deceased. She ran away from the spot and while doing so, she came across P.W. 2, her mother and her younger sister, running towards the scene of occurrence as they had been attracted by the noise that had come about. At that stage, both P.W. 1 and P.W. 2 saw the accused again beating the deceased which led to his immediate death. The accused were ultimately arrested and were charged for an offence punishable under Section 302 of the Indian Penal Code. The trial court relying on the evidence of P.Ws. 1 and 2, the primary witnesses, as also going through the nature and extent of the injuries caused, convicted the accused under the aforesaid Section and sentenced them to life imprisonment.
(3.) An appeal was thereafter taken to the High Court. The High Court has modified the conviction to an extent observing that as it was difficult to fix the fatal injury on either of the two accused both the accused were liable to be convicted under Section 302 read with Section 34 of the IPC. A Special leave Petition was filed at the instance of the two accused before this Court wherein leave was granted on the 16th August, 2004.;