JUDGMENT

Dharmadhikari, J.-The High Court of Madhya Pradesh Bench at Gwalior by impugned Judgment 11.3.2002, reversed the verdict of the trial court and convicted the three appellants before us for the offences for which they were charged and sentenced them to imprisonment for life and fine of Rs.10,000/- each with directions that they shall suffer RI for one year in default for payment of fine.

2. The present three appellants were acquitted along with the co-accused Pooran Singh by the Court of Special Judge, Bhind by Judgment dated 06.9.1985 for offences alleged to have been committed by them under Sections 302/34, 396, 460, 404 of Indian Penal Code [for short I.P.C. ] and Section 11/13 of M.P. [Dacoity Vihavaran Kshetra] Adhiniyam 1981.

3. The charge against them was that on the intervening night of 28th - 29th February, 1984, they entered the house of deceased Mata Prasad. They killed him and hanged him in the house and also killed his daughter Munni Devi.

4. The case of the prosecution set up against the three accused and the fourth accused Pooran Singh is as follows :-

The motive of the crime is alleged to be a civil dispute pending in the civil court between accused Bhagwan Sing