(10/12/2021)

Per Rajeev Kumar Shrivastava, J.:

1.

The instant Criminal Appeal is preferred under

Section 374 of CrPC, against the judgment of conviction and

sentence dated 18.05.2010 passed by Fourth Additional Sessions

Judge, Bhind (M.P.) in Sessions Trial No. 20/2004, whereby

appellant has been convicted under Section 302 of IPC (on two

counts) and sentenced to undergo life imprisonment and fine of

Rs.5000-5000/- each for committing murder of Monu and Vishal,

with default stipulation as also under Section 307 of IPC,

sentenced to undergo five years R.I. with fine of Rs.1000/- due to

non causing of any damage to victim Rajabhaiya, with default

-( 2 )- CRA No.504/2010

stipulation. Both the sentences were directed to run concurrently.

2.

The prosecution story in short is that complainant

Rajabhaiya and the accused persons were residing in the same

locality at Village Gormi. Three months prior to the alleged

incident accused Ashok had abused in a drunken condition, on the

basis of which the complainant had tried to solve the dispute. On

that, it appears that there was enmity between accused Ash