- (1.) Appellants herein, who are two in number, have filed this appeal being aggrieved by and dissatisfied with a judgment and order dated 23.03.2006 passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench at Gwalior, whereby the judgment of acquittal dated 30.04.1990 passed by the learned Session Judge, Datia, in S.T. No. 38 of 1987 was set aside convicting them for alleged commission of an offence punishable under Section 302 read with Section 34 of IPC and sentencing them to undergo rigorous imprisonment for life and a fine of Rs. 5,000/-.
(2.) A First Information Report was lodged by one Mangal Singh (PW-1) alleging that at about 8.00 A.M. on 27.09.1987 he along with his nephew Gabbar Singh and another nephew Mansingh (deceased) went to the house of one Govindas Kurmi for borrowing his bullock cart to carry bricks. They were informed that the same was in the 'Beda' of Birjoo. He asked his son to accompany them up to the said place. While the cart was being led and they reached near the house of Mangoo Kurmi, they found him armed with ballam, Thakurdas armed with axe, Jagdish armed with axe and Devidayal armed with pharsa, were standing at the Chabootra of their house. All the four of them started abusing them saying that they would finish the deceased finally that day. Thakurdas allegedly hit the deceased Mansingh on his neck as a result whereof he fell down. He allegedly again inflicted another blow on his neck causing a big wound. Jagdish inflicted an axe blow on the his back. Devidayal inflicted a pharsa blow on the neck of the deceased and Mangoo inflicted a ballam blow on his back. They inflicted two or three more blows on the back of the deceased, whereafter they ran away.
(3.) Appellants, thus, along with Thakurdas and Mangoo were tried for commission of the murder of Mansingh. Before the learned Trial Judge the prosecution in support of its case, inter alia, examined Mangal Singh, (informant) as PW-1, Kailash and Dabbu, who are said to be eye-witnesses, as PW-2 and PW-4 respectively.;