S. B. SINHA, J.

( 1 ) THIS Jail Appeal by appellants Chetu and Lalu, sons of Chintu, is directed against a judgment and order dated 23. 3. 2006 passed by a Division bench of the Madhya Pradesh High Court whereby and whereunder an appeal preferred against the judgment of conviction and sentence dated 19. 9. 1997 passed by the First Additional Sessions Judge, Ashok Nagar, district Guna convicting them as also their father Chintu under Section 302 and 342 of the Indian Penal Code and sentencing them to undergo imprisonment for life and a fine of Rs. 3,000/-, was affirmed.

( 2 ) THE deceased Godha was father of Prakash (PW3 ). The accused chintu was his uncle. The prosecution case in brief is that when the complainant Prakash came back to his house from Ashok Nagar, an altercation took place between Godha (the deceased) on the one hand and Chintu, Chetu and Lalu on the other. Chintu was armed with an axe and the appellants herein were armed with lathis. They began to assault Godha. They put him in a room and locked him from outside. The portion of the house in which Prakash and his father were living was set on fire by Chintu as a result whereof the house was burnt. On enquiry from Jot