BIJAYSINGH DANGALSINGH AND ANR. Vs. THE STATE OF MADHYA BHARAT

JUDGEMENT

(1.) THIS is an appeal by the accused Vijaysingh and Amolsingh who have been convicted by the Sessions Judge, Guna, under Section 302 read with Section 34 and sentenced to transportation for life.

(2.) THE facts as alleged by the prosecution are s follows: The accused Vijaysingh, younger brother of the deceased Gumansingh, was living separate from his brother Gumansingh for about ten years. A month before the occurrence there as a quarrel between the brOrs. and Gumansingh had beaten his brother Vijaysingh. Since that incident the brOrs. were not on good terms and had given up even speaking to each other.

(3.) NOW we turn to the case of Amolsingh. The learned Counsel for the Appellant laid great stress on the fact that Amolsingh did nothing except to stand by when Vijaysingh shot the deceased and argued that as Amolsingh did not participate in the act of murder, he cannot be held guilty by the operation of Section 34, Indian Penal Code. It is true that when Vijaysingh shot his brother Gumansingh, Amolsingh did nothing except to stand by. The question for determination, however, is whether his presence there was by mere accident. Section 84 reads as follows: