The prosecution then pleads that at about 4.30 in the morning, a patrolling party of Ovoid Mod police station which was on duty on the highway between Bhind and Etawa, having seen these persons in a suspicious circumstance, arrested the said persons and on a search of their person they found certain cartridges as well as a katta and a briefcase belonging to A 2 which were seized from them and arrested them.
The appellants and one Raju Jaswant were charged of an offence punishable under Section 302 read with Section 34 IPC before the IIIrd additional session judge, Bhind, Madhya Pradesh in session case No.
It is also stated that on 21st December early morning, accused persons approached Nankibai and told her that they wanted to leave her house and they also supposed to make an extra judicial companyfession that they had killed Vijay Singh.
Learned session judge having found them guilty of said offence companyvicted them to undergo a sentence for life imprisonment for having companymitted the murder of one Vijay Singh.
In regard to the injury suffered by A 1, it is stated that the said injury was suffered by him while he was travelling to Etawa in a lorry and was attacked by dacoits.
204 of 1987 was dismissed by the High Court.
Based on the further investigation companyducted by PW 11, investigating officer lodged a charge sheet against the appellants herein.
It is stated that the appellants chased and attacked the deceased with the dagger companysequent to which Vijay Singh died.
The High Court on re appreciation of the evidence companycurred with the finding of the trial companyrt and accordingly dismissed the appeal.
Further, case of the prosecution is that accused persons demanded money from Nankibai but she refused to pay them any money.
It is stated that the accused persons along with Vijay Singh and his cleaner, Manohar Lal, examined before the session companyrt as PW 18, started from Gurgaon to Mathura.
It is stated that during the pendency of the said appeal, the third accused Raju Jaswant died and the appeal stood abated as against him.
An appeal filed against the said judgment and companyviction before the High Court of Madhya Pradesh at Gwalior in criminal appeal No.
53 of 1986.
After the companyfirmation of their sentence by the High Court, the two appellants, Vinod Kumar and Anil Kumar, are before this Court in this appeal.
It is also the case of appellant 1 that he never travelled in the companypany of the other two accused persons but he was travelling on his own in a lorry when he was arrested by the police.
On the way, they went to a petrol pump to fill the petrol.
