Judgment

Misra, J.-The appellants have preferred the present appeal against the judgment dated 18th December, 1997 of the M.P. High Court (Gwalior Bench) convicting them under Section 302 read with Section 34 I.P.C. However, conviction and sentence of the accused Mohan Singh under Section 25/27 of the Arms Act by the trial Court was set aside. Earli­er the trial Court convicted Mohan Singh (Appellant No. 2.) under Section 302 I.P.C. and under Section 25/27 of the Arms Act and sen­tenced him to the imprisonment for life and one year rigorous impris­onment, respectively and convicted and sentenced Ajay Singh, appeal­lant No. 1, and Kailash, appellant No. 2, under Section 302/34 I.P.C. to the imprisonment for life. However, since Ajay Singh died during the pendency of the appeal his appeal stood abated.

2. Admittedly both the complainant and the accused persons are close relatives, as the deceased Bhagat Singh was the son of the complain­ant, Ram Singh, (P.W. 1), who is the real brother of the aforesaid accused Ajay Singh. Both the present appellants, namely, Mohan Singh and Kailash are the sons of Ajay Singh.

3. In short, the prosecution case is that on 26th April, 1980 at about 9 A.M.