Judgment

SIRPURKAR, J.

1. Criminal Appeal No. 349 of 2007 has been filed by accused Buddhu Singh while Criminal Appeal No. 1116 of 2007 has been filed by his father Ledwa Singh and brother Balchand Singh. The trial court found them guilty under Section 302 IPC and sentenced each one of them to imprisonment for life. The High Court also affirmed the conviction and sentenced awarded by the trial court.

2. The prosecution case is that the deceased Sugendra Singh was suspected to be practising witchcraft and he was aggrieved against the accused persons for not giving to him the feast which he was professionally supposed to be paid on account of getting cured of accused Balchand Singh from some serious illness. The incident seems to have taken suddenly without there being any previous history to it.

3. The allegation is that on 30.7.1995 at about 4 p.m. deceased Surendra Singh was standing in front of house of PW5 Nagru Kharia when accused Balchand Singh pushed him down and accused Buddhu Singh is said to have then dealt an axe blow which landed on the head of the deceased. Accused Ledwa Singh is, thereafter, said to have started kicking the deceased. It is reported that on account of t