- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the Division Bench of the Madhya Pradesh High Court, Jabalpur Bench. Three persons, namely, Rameshwardayal, Shashimohan and Revimohan hereinafter described as A1, A2 and A3 faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC'). Additional Sessions Judge, Morena, found them guilty and sentenced each to life imprisonment. During the pendency of the appeal before the High Court A1 died and, therefore, the appeal was held to have abated so far as A1 is concerned. The present appeal is by A2. A1 and A2 were convicted and sentenced under Section 302 read with Section 34 IPC while A3 was found guilty of offence punishable under Section 302 IPC.
(3.) Prosecution version as unfolded during trial is as follows : On 3-3-1992 at 9.30 a.m. on a road from Pipalwali Mata to Rui Ki Mandi and ahead of a Chauraha in Morena one Rakesh S/o Ram Singh (hereinafter referred to as 'deceased') was shot dead by A3 who pumped into him three gun shots resulting in instant death of said Rakesh. There reportedly existed previous enmity between the family of A1 and of Ram Singh father of the deceased. A1 and Ram Singh are real brother. The incident was reported to Police at Police Station Kotwali at 9.40 a.m. by Radheyshyam (PW1), brother of the deceased Rakesh. FIR (Ex. P/1) was recorded and the investigation was set in motion by Registering a crime at Sr. No. 144/92 under Section 302/34 IPC. After completion of investigation, charge sheet was filed. Accused persons abjured guilt and claimed trial.;