JUDGMENT

MUKUND AKAM SHARMA, J.--Leave granted. The present appeal is directed against the judgment and order passed by the Madhya Pradesh High Court convicting the appellant herein under Section 302 read with Section 34 of the Indian Penal Code [for short "IPC"] as also under Section 323 read with Section 34 of IPC sentencing the appellant to undergo imprisonment for life under Section 302/34 for committing murder with a fine of Rs.5,000/- and in default of payment of fine further to undergo one year additional rigorous imprisonment.

2. The brief facts leading to the filing of First Information Report and the present case/appeal are that on 18.11.1986 the complainant-Hardev Singh lodged a written complaint which was exhibited in the trial as Exhibit P.1 in the Police Station- Pichhore contending inter alia that his brother Bhola Singh alias Kamal who was residing in Village Sarnagat had gone to Janakpur via Village Badera to purchase seeds of chana on 17.11.1986 along with Sukhdev Singh and that at about 8.00 p.m. when they reached near the tapra of Dilip Singh, Raju, son of Dilip Singh, armed with kirpan [sword]; Baldev armed with lathi and Chhidda alias Gurudev armed with lohangi met them. It was also stated therein that accused Baldev and Bhola Singh had enmity towards each other as Bhola Singh wanted the sister of Baldev to marry Lakkha Singh but Baldev did not want the same and because of that the accused persons attacked Bhola Singh and Suveg Singh whereupon both of them were injured.

3. It was alleged that Bhola Singh fell down due to the serious injuries sustained by him whereas Suveg Singh after being injured ran away to save himself and told this fact to Hardev Singh. Thereupon Hardev Singh alongwith his brother Billa, Bhiru and Suveg Singh returned back to the place of occurrence to save Bhola Singh alias Kamal but they could not find him at the place of occurrence and that only in the morning they could find the dead body of Bhola Singh in the nala near the tapra of Dilip Singh. The dead body of the decease was then taken out whereupon it was found that the deceased was injured by sharp edged and hard and blunt objects.

4. Consequently, the First Information Report was lodged by Hardev Singh on the basis of which a criminal case was registered being Crime No. 193/1986. The police after investigation filed challan against the accused persons, viz., Baldev Singh, Chhidda alias Gurudev Singh and Raju for the commission of offence under Section 302 read with Section 34 and under Section 307 read with Section 34 of the IPC.

5. It transpires from the records that the accused persons also lodged a complaint with the police regarding the incident contending inter alia that Bhola Singh and Suveg Singh attacked the accused persons and injured them. However, the medical report submitted in support of the said contention indicates that the injuries suffered by the accused persons in the present case were simple in nature.

6. On the basis of the charge sheet filed as against the appellant and also two other accused persons the case was committed to the Sessions Court. Evidence was adduced by the prosecution, on completion of which, the statement of the accused under Section 313 Cr.P.C. was also recorded.

7. The learned Sessions Judge after perusing the evidence on record passed an order of conviction against the accused for commission of offence under Section 302/34 and Section 307/34 of the IPC and passed an order of sentence to undergo life imprisonment for the offence under Section 302/34 IPC and also imposed fine of Rs. 5,000/- and in default of payment of fine, to further undergo one year additional rigorous imprisonment. The Sessions Court also passed an order of sentence under Section 307/34 of the IPC ordering the accused to undergo rigorous imprisonment for seven years and also imposed fine of Rs. 2,000/- and in default in payment of fine, to further undergo six months' additional rigorous imprisonment.