Advocates appeared :
For the Appellant : Rinkesh Goyal
For the Respondent : Ajeet Singh Bhadoriya, Rajeev Upadhyay

JUDGMENT RAJEEV KUMAR SHRIVASTAVA, J. : – This judgment shall govern disposal of Criminal Appeal No. 390 of 2010 filed by appellant No. 1 Pappu alias Jitendra Rajawat and appellant No. 2 Raju alias Ravindra Rajawat against the judgment of conviction and sentence dated 6-5-2010, passed by Special Judge (MPDVPK Act), Bhind (MP) in Sessions Trial No. 92/2007, by which appellant No. 1 Pappu alias Jitendra Rajawat has been convicted under section 302 r/w section 34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/-, whereas appellant No. 2 Raju alias Ravindra Rajawat has been convicted under section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/-. Criminal Appeal No. 381 of 2010 has been filed by appellant Shivram Singh Rajawat against the same judgment of conviction and sentence, by which he has been convicted under section 302 r/w section 34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 5,000/-. Since both the criminal appeals arise from the common judgment of conviction and sentence passed by the Special Judge, therefore, we have heard both the criminal appeals together.

2. From the order dated 17-11-2021 passed by this Court in Criminal Appeal No. 573 of 2010, it is clear that Criminal Appeal No. 573/2010 filed by appellant Raju alias Ravindra Rajawat against the same judgment of conviction and sentence was dismissed as not maintainable, because Criminal Appeal No. 390 of 2010 was filed prior in time.

3. In brevity, the prosecution story is that on 3-8-2007 at around 07:05 p.m. on the basis of merg intimation (Ex.D2) received from complainant PW1 Surendra (son of Gangole Rathore), a Dehati Nalishi was recorded at Police Station Raun, District Bhind with the allegation that on 3-8-2007 at around 06:00 pm, complainant Surendra was coming to his house and saw that near the platform of his house, accused Pappu son of Chhotelal had caught hold of his father Gangole. When he tried to rescue him, accused Raju and Shivram who were standing nearby the place, instigated accused Pappu to kill his father by saying that ‘‘Budha Maan Nehein Raha Khatam Kar Do’’. Thereafter, accused Raju who was having a 12 bore country-made Katta, caused fire as a result of which, the pellets of said gun hit on thigh and leg of his father by which his father fell down on the ground and died on the spot. Afterwards, accused Raju, Pappu and Shivram fled away from the spot. It is alleged that when the complainant entered into the house, he saw that all the articles kept in suitcase were scattered here and there, and his wife told him that accused Raju, Pappu and Shivram robbed a gold necklace and cash of Rs. 50,000/- total worth Rs. 60,000/-. It is alleged that his neighbours and uncle had also seen the incident. On the basis of Dehati Nalishi, FIR was registered at Police Station Raun, vide Ex.P9A. Statements of the witnesses were recorded and matter was investigated. Spot map (Ex.P3) was prepared. Panchnama of the dead body of deceased was prepared and the same was brought to the Health Centre, Raun vide requisition Ex.P11. Dr. Kapil Dev Singh (PW10) conducted postmortem of the deceased and found pellet injuries on the body of deceased. The doctor also found blackening and charring on the right thigh and near all the injuries of the deceased. According to doctor, cause of death of deceased was acute and extensive hemorrhage and death of the deceased was homicidal in nature. Blood-stained clothes and plain soil were seized by Head Constable Narendra Singh (PW8) on 4-8-2007 vide seizure memo Ex.P9. As per opinion of Dr. Singh (PW10), all the injuries sustained by the dec