O R D E R

1. The appellants were convicted for murder by the relevant sessions court. The High Court of Madhya Pradesh by the impugned judgment and order has upheld the conviction and sentence of life imprisonment.

2. Leave was granted on 10^th July, 2024. The order notes that the appellant no.1 has been in custody for more than 10 years. It is not in dispute that the appellant no. 2 has suffered imprisonment for 9 months only.

3. We have heard Ms. Pragati Neekhra, learned counsel appearing for the appellants. She attempts to make out a case that the appellants, instead of being convicted under Section 302, should have been convicted under Section 304 Indian Penal Code, 1860¹ inasmuch as they had no intention to murder the deceased.

4. We have perused the evidence on record including the evidence of PW-4 and PW-5, who are the eye witnesses. They have attributed lathi blows on the deceased to both the appellants which proved fatal for the Signature Not Verified deceased. Medical evidence also corroborates the evidence of PW-4 and Digitally signed by NEETU KHAJURIA Date: 2025.02.10

19:51:37 IST Reason:

PW-5. Having considered all the circumstances, conviction under Section IPC

302, IPC seems to be justified.

5. Ms. Neekhra also submits that the sessions court had acquitted co- accused Tantu, who was also assigned with the role of assaulting the deceased. Parity is claimed on behalf of the appellant no.2.

6. The sessions court acquitted Tantu on the ground that he was not named in the First Information Report² and that the circumstances concerning his complicity in the incident were suspicious. That is not the case with the appellant no.2. He was duly named in the FIR as one of several accused and the role attributed to him in the matter of causing the murder of the deceased does attract Section 34, IPC.

7. We find no merit in the appeal. Accordingly, the same stands dismissed.

8. Pending application(s), if any, stand disposed of.

...............................J.

[DIPANKAR DATTA]

...............................J.

[MANMOHAN]

New Delhi;

February 07, 2025.

FIR ITEM NO.2 COURT NO.14 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2890/2024 SINGAL @ MUNNA @ DALCHAND & ANR. Appellant(s)

VERSUS STATE OF MADHYA PRADESH Respondent(s)

IA No. 132711/2024 - EXEMPTION FROM FILING O.T. IA No. 270068/2024 - EXEMPTION FROM FILING O.T.

IA No. 270067/2024 - GRANT OF BAIL Date : 07-02-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Appellant(s) : Ms. Pragati Neekhra, AOR Mr. Aditya Bhanu Neekhra, Adv.

Mr. Atul Dong, Adv.

Mr. Aniket Patel, Adv.

For Respondent(s) :Mr. D. S. Parmar, A.A.G.

Ms. Mrinal Gopal Elker, AOR Mr. Abhimanyu Singh- G.a., Adv.

Ms. Abha R. Sharma, Adv.

Ms. Shruti Verma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. The appeal stands dismissed in terms of the signed order.

2. Pending application(s), if any, stand disposed of.

(JATINDER KAUR) (SUDHIR KUMAR SHARMA)

P.S. to REGISTRAR COURT MASTER (NSH)

[Signed order is placed on the file]