This judgement will dispose of Criminal Appeal No.854/2012 and

Criminal Appeal No.819/2012, which are arising out of the common

judgement dated 06.07.2012. On the joint request of the parties, these

appeals were analogously heard and decided by this common judgement.

2.

Both the appellants/accused have filed these appeals under Section

374 of the Code of Criminal Procedure (hereinafter referred to as “the

Cr.P.C.”) being aggrieved by the judgement dated 06.07.2012 passed by

the Sessions Judge, Rajgarh in S.T. No.165/2011, whereby learned Trial

Court, has convicted and sentenced the appellants as under :-

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S.

No.

Conviction

Sentence

Imprisonment

Fine

amount

Additional

imprisonment

in default of

payment of fine

Appellant – Adityaraj Singh

1

302 of IPC

Life

imprisonment

Rs.20,000/- RI for 03 years

2

25 (1B)(a) of

Arms Act

RI for 03 years

Rs.5,000/-

RI for 06 months

Appellant – Mahendra Singh

1

324 of IPC

RI for 01 year

Rs.5,000/-

RI for 06 months

3.

Prosecution story, in nutshell is that there was a program of

“Ausar” at the residence of Bhagwan Singh in village Bhopalpura, a day

prior to the date of incident. Yashpal Singh (PW-2), son of Surendra

Singh (PW-1) was serving food in the program. At the same time,

mother of the appellant Adityaraj Singh scolded Yashpal Singh (PW-2)

and told him to stay away from her. Yashpal Singh (PW-2) came home

from there and complained about the incident to his family members. On

the date of incident i.e. on 31.03.2011, Surendra Singh (PW-1) alongwith

his sons Yashpal Singh (PW-2) and Bhemendra/deceased went to home

of co-accused Shyamraj Singh and Surendra Singh (PW-1) and asked

Shyamraj Singh that why his mother insulted Yashpal Singh (PW-2). Co-

accused Shyamraj Singh answered to him that he will admonish her.

Thereafter on the same day in the afternoon, when Yashpal Singh (PW-2)

was helping in loading of tractor with tent house accessories, appellant

Adityaraj Singh abused and assaulted him, this latter incident was

reported (Ex.P/5) by them in the police station.

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4.

After lodging of report (Ex.P/5), Surendra Singh (PW-1), Yashpal

Singh (PW-2) and deceased Bhemendra Singh came back to the village

at about 08:00 PM, appellant Adityaraj Singh armed with gun, Mahendra

Singh with farsi, co-accused Dhirendra Singh alias Bablu with lathi and

co-accused persons Jitendra Singh, Rajendra Singh, Brajraj Singh,

Keshar Singh and Shyamraj Singh were sitting on the platform near the

temple. When complainant party reached the platform near the temple,

then appellants and co-accused persons attacked with their weapons and

piece of stones. Appellant Adityaraj Singh with an intent to cause death

of Bhemendra Singh fired shot with 12 bore gun on his neck. Appellant

Mahendra Singh and co-accused Bablu physically assaulted Yashpal

Singh (PW-2) on his head and left hand by means of farsi and lathi

respectively. Other co-accused persons physically assaulted Surendra

Singh (PW-1) on his right wrist and back by means of piece of stones.

Injured Bhemendra Singh was taken to the hospital Biaora for treatment

where he had died. Police also came to the hospital and lodged a Dehati

Nalasi (Ex.P/1) on the same day at 08:50 PM at Biaora hospital on the

basis of information given by Surendra Singh (PW-1) against the

appellants and co-accused persons. On the basis of Dehati Nalisi, Head

Constable Sita Ram (PW-15) lodged an FIR (Ex.P/34) and also lodged a

merg intimation report (Ex.P/35).

5.

During investigation on 01.04.2011, SI Ghasi Ram (PW-13) after

giving notice (Ex.P/2) prepared a lash panchnama (Ex.P/3) and sent the

body of deceased for post-mortem through Head Constable Shahzad

Khan (PW/12). SHO Virendra Singh Chouhan (PW-16) inspected the

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place of incident and prepared a spot map (Ex.P/6) at the instance of

Yashpal Singh (PW-2). He seized blood stained soil, simple soil and two

pieces of fired cartridge from the spot vide seizure memo (Ex.P/18). He

also sent injured persons Surendra Singh (PW-1) and Yashpal Singh

(PW-2) for their MLC. Dr. Sharad Sahu (PW-