- (1.) This appeal by the two appellants, namely, Inder and Nirbhiy Ram, is directed against the judgment of the Additional Sessions Judge, Jhalawar, dated 25-11-1971, convicting them of an offence punishable under section 302 read with section 34. I.P.C., for having committed the double murder of two brothers Mod Singh and Ram Singh. They have each been sentenced to imprisonment for life.
(2.) The case of the prosecution, in brief, is as follows:- On the night of 13/14th May, 1971, while the two brothers Mod Singh and Ram Singh were returning on foot from Choumahala Mandi to their village Khejaria, the two accused persons, Inder and Nirbhay Rani, who are also brothers, way-laid them between village Harnikhera Padlia and assaulted them with Lathis resulting in their death.
(3.) The first information report Ex. P. 1 was lodged by Lal Singh P. W. 1, son of the deceased Mod Singh, at Police Station, Gangdhar, on 14-5-1971 at 2 p.m. In the report, he mentioned that the relations between the two accused persons Inder and Nirbhay Ram and his father Mod Singh and uncle Ram Singh, were highly strained on account of litigation and expressed his suspicion that they were the persons who had caused their death by assaulting them with Lathis.;