[Criminal Appeal No.1466 of 2012]. This appeal is preferred against the judgment dated 16.3.2012 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No.353 of 2004. The appellants herein are accused nos.1 to 3 in the case in Sessions Trial No.8/97, on the file of Additional Sessions Judge, Gohad, District-Bhind (M.P.) and they were tried for the offence punishable under Section 302 read with Section 34 IPC and the Trial Court convicted them for the said offence and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs.500/-, in default to undergo Rigorous Imprisonment for one month. Challenging the conviction and sentence, the accused preferred appeal in Criminal Appeal No.353 of 2004 in the High Court and the same came to be dismissed by the impugned judgment and that is now under challenge in this appeal. Briefly, the case of the prosecution is as follows : PW5 Satyendra Singh, PW16 Brijendra Singh and deceased Narendra Singh are sons of PW7 Hanumant Singh. PW6 Uday Singh and PW10 Om Prakash are brothers of PW7 Hanumant Singh. On 6.9.1994 at 8.00 a.m. PW5 Satyendra Singh and PW16 Brijendra Singh had gone to attend call of nature in the drain (Nalah) and they heard the sound of weeping and alarm raised by PW10 Om Prakash and they went there and saw Narendra lying on the ground and accused no.3 Sardar Khan put his knee on his chest after holding his hands tight and accused no.1 Sobaran Singh and accused no.2 Suraj Singh tied his neck with a muffler (Safee) and accused no.1 Sobaran Singh was armed with a 12-bore gun and due to fear, they did not go near Narendra and in the meanwhile, PW6 Uday Singh and PW11 Vishwanath Sharma also rushed to the spot and on seeing them, accused nos.1 to 3 ran away.
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