JUDGMENT

B.P. Singh, J.-There are seven appellants in this Appeal who have impugned the judgement and order of the High Court of Madhya Pradesh at Jabalpur dated 2nd September, 1998 in Criminal Appeal No. 1035 of 1989. The High Court by its impugned judgement and order dismissed the appeal preferred by them and upheld the judgement and order of the First Additional Sessions Judge, Sehore in Sessions Trial No. 74 of 1988 finding them guilty of the offence punishable under Section 302 read with Section 149 IPC and sentencing them to imprisonment for life. The appellants were also found guilty of the offences under Sections 147 and 323 read with Section 149 IPC and sentenced to undergo one year, and six months, rigorous imprisonment respectively for those offences.

2. The facts of the case are that in connection with the Flag Ceremony performed near the Hanuman Temple, the villagers had assembled from different villages. They danced the whole night in celebration. The party of the complainant was dancing to the beating of drums of one Nanla (PW 5) while the appellants and others were dancing in a separate group. It appears that inadvertently the stick of Khuman Singh, Appellant No. 2 hi