Alok Verma, J. - (1.)Aggrieved by judgment passed by learned Sessions Judge, District-Dewas in Session Trial No.73/2008 dated 31.07.2009, this appeal is filed against their conviction under Section 148, 302 r/w section 149, Section 325 r/w section 149 and Section 323 r/w section 149 of IPC and sentence of life imprisonment each under Section 302 r/w section 149 of IPC, two years rigorous imprisonment each under Section 148 of IPC, one year rigorous imprisonment each under Section 325 r/w section 149 of IPC and six months rigorous imprisonment each under Section 323 r/w section 149 of IPC. Fine of Rs.5,000/- each under Section 302 r/w section 149 of IPC, Rs.2,000/- each under Section 325 r/w section 149 of IPC and also rigorous imprisonment for four months each under Section 302 r/w section 149 of IPC, rigorous imprisonment for two months each under Section 148 of IPC and rigorous imprisonment for one month each under Section 325 r/w section 149 of IPC by way of default stipulation.
(2.)The prosecution story in brief was that the present appellant had inimical relationship with the deceased and his family due to some earlier incident that took place in village Ralamandal. Due to this inimical feeling, they came to the house of the present appellant on 30.12.2007 at 10:30 am. They were eight to ten in numbers and came on six to seven motorcycles. They came from village Agrot side to village Sutarkheda and went towards house of the deceased Rashid Shah. They fired gun shot over Rashid Shah and Rais Shah, who were sitting outside their house. Listening to the sound of gun fire, Ashieq Shah came out of the house and they also fired gun shot on him, and thereafter, Jalil Shah was brought out of the house and they poured acid on him. After committing the crime, they fled towards village Agrot. The incident was witnessed by Hasina Be, Sheraj Be and Rukhsana Be @ Rukko Be, who were present in the house.
(3.)The police reached on the spot immediately after the incident. Rajjak Shah lodged Dehatinalish at 12:00 pm. On the same day, Rashid Shah and Jalil Shah were shifted to the District Hospital, Ujjain where doctors declared Rashik Shah brought dead. Rais Shah and Ashieq Shah were found having gun shot injury while Jalil Shah having burn injuries as well as injuries by hard and blunt object and hard and sharp object.