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 2^nd

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.

The prosecution case in brief is that before 2 days back of the date

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. Ahs