JUDGMENT

(Delivered on this 11th the day of January, 2019)

Per : Rajeev Kumar Shrivastava,J .

This criminal appeal has been preferred against the conviction and sentence passed by Ninth Additional Sessions Judge, Bhopal in Sessions Trial No.367/2008 on 21.07.2009, by which the appellants Madhukar, Suresh and Rajendra have been convicted for offences under Sections 450 and 302 of IPC and sentenced to rigorous imprisonment of five years with fine of Rs.500/- each and life imprisonment with fine of Rs.500/- each respectively, with default stipulation, and appellant Yashoda Bai has been convicted for offence under Section 302 /34 of and sentenced to life imprisonment with fine of Rs.500/- with default stipulation. All the sentences were directed to run concurrently.

(2) The prosecution’s case, in short, is that one Mohd. Sharif Khan lodged First Information Report on 22.3.2008 at 11-50 hours in the Police Station Jahangirabad, District Bhopal that on the date of incident, i.e., 22.3.2008 at about 10-15 am Shakeel was sleeping in the room and appellants Madhu, Gadhu and Suresh, who are real brothers, were celebrating Holi with colours. There were utensils belonging to the complainant kep