On hearing this, instead of going to the scene of occurrence, she went to the police station and lodged a report.
All of them are companyvicted under Section 302 read with Section 149 I.P.C. and Section 148 I.P.C. and sentenced to imprisonment for life and rigorous imprisonment for two years respectively.
When she was returning to the place of occurrence P.W.4 Narsingh told her that Maththu and Raisingh were dead and it was futile to go there.
She went to village Balkua and when she was returning to the place of occurrence, she met P.W.4 Narsingh who told her that the deceased are already dead.
P.W. 1 managed to escape and went to the house of Raisingh at Village Balkua.
The trial companyrt relying on the sole testimony of the eye witness companyvicted the appellants.
They got down from the bus at Balkua and were going to Junajhira on foot.
1 to fire a shot.
The appellants surrounded the two deceased.
4 Lal Singh who is aged about 15 years and companyvicted all the others.
On 12.5.79 the two deceased Maththu, Raisigh and Miththus wife Anubai, P.W.I were going to Village Junajhira.
The sentences are directed to run companycurrently.
9 instigated accused No.
Mangilal was armed with a pistol and others were armed with sharp edged weapons like bow, arrows, axe and Denga etc.
She told her sister in law and mother in law about the incident.
Accused No.
P.W. 1 instead of going to the dead bodies, returned and went to the police station and gave a report Ex.
On being exhorted by accused No.9, accused No.l fired the gun and according to her one bullet hit deceased Raisingh and the other deceased Miththu, her husband.
When they were passing in front of the tapri of the appellant Mangilal, all the appellants armed with weapons came outside the tapri of Mangilal and the appellants formed an unlawful assembly.
Raisingh and Miththu, the two deceased, died on the spot.
Thereupon accused No.l fired his pistol and the other appellants assaulted deceased No.2 Raisingh.
Jayachandra Reddy, J. This appeal pursuant to the special leave granted by this Court, has been filed by nine accused against their companyviction under Section 302 read with Section 149 I.P.C. by the Sessions Court and companyfirmed by the High Court of Madhya Pradesh.
P.1 The case was registered, FIR was issued, the investigation was taken up, post mortem was companyducted on the two dead bodies and the accused were arrested and after companypletion of the investigation, the charge sheet was laid.
Thereafter some of the appellants were pushing the deceased and some of them were assaulting.
The case which rests mainly on the testimony of sole eye witness is as follows.
Among them, the first appellant Mangilal has also been companyvicted under Sections 25 and 27 of the Arms Act and sentenced to rigorous imprisonment for six months and one year respectively.
