Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the Judgment of a Division Bench of Madhya Pradesh High Court, Indore Bench upholding the conviction of the appellants for offence punishable under Section 302 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). Each of the appellants was sentenced to undergo RI for life and to pay a fine of Rs.1,000/- with default stipulation.

3.The prosecution case as unfolded during trial is as follows :

In the intervening night of 3rd and 4th July, 1991 at about 12.00 in village Khandakhedi Kishanlal (hereinafter referred to as the ‘deceased’), his wife Sampatbai and daughter Premlatabai were sleeping inside their house. At that moment appellants and deceased accused Jalu @ Jalamsingh and juvenile accused Jeevan reached at their house. They broke open the wooden door, while abusing the inmates and reached in the courtyard. They told deceased Kishanlal that they would not permit him to take his she-buffallows from their field and asked as to why deceased made a complaint in Tehsil/Revenue Court. They also threatened to eliminate him. While saying all these,