1. This judgment shall govern disposal of Criminal Appeal No.390 of 2010 filed by appellant No.1 Pappu alias Jitendra Rajawat and appellant No.2 Raju alias Ravindra Rajawat against the judgment of conviction and sentence dated 06/05/2010, passed by Special Judge ( MPDVPK Act ), Bhind (MP) in Sessions Trial No.92/2007, by which appellant No.1 Pappu alias Jitendra Rajawat has been convicted under Section 302 r/w Section 34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, whereas appellant No.2 Raju alias Ravindra Rajawat has been convicted under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-. Criminal Appeal No.381 of 2010 has been filed by appellant Shivram Singh Rajawat against the same judgment of conviction and sentence, by which he has been convicted under Section 302 r/w Section 34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.5,000/-. Since both the criminal appeals arise from the common judgment of conviction and sentence passed by the Special Judge, therefore, we have heard both the criminal appeals together.

2. From the order dated 17/11/2021 passed by this Court in Criminal Appeal No. 573 o