JUDGMENT

The present appeal is filed under Section 374(2) of the Code of Criminal

Procedure being aggrieved by the judgment of conviction and sentence by 2nd Additional Sessions Judge, Dhar dated 07.03.2011 in Sessions Trial No.111/2010 whereby the appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as “IPC”) on two counts and sentenced for life imprisonment and to pay a fine of Rs.1000/-in default to further undergo six months RI for the murder of Rafique @ Rashid. He has also sentenced for life imprisonment and to pay a fine of Rs.1000/-, in default to further undergo 6 months RI for the murder of Ahsan. He has also convicted under Section 27 of the Arms Act and sentenced to RI for 3 years and to pay a fine of Rs.1000/-, in default to further undergo 6 months RI.

2. of the incident i.e. 10.12.2009, the appellant/accused Azad and his second wife Pappi @ Rehana had quarrelled with Memuna, first wife of the appellant Azad (P.W.1) and had beaten her in village Baloda. Because of the said Marpit with her on 10.12.2009, Memuna telephoned her brother Ahsan and asked him to come. Ahsan came to the house of accused Azad along with his cousin broth