JUDGMENT

R. BANUMATHI, J.

In these appeals, the appellants challenge the correctness of the judgment passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals No.377 of 1995 and 481 of 1995 whereby the High Court confirmed the conviction and sentence awarded to the appellants by the trial court under Sections 302 read with Section 149 IPC, 324, 323 read with Section 149 IPC and 148 IPC.

2. Case of the prosecution is that on 23.07.1991 at about 7.00 O’clock in the morning at village Hathighat, deceased-Bansilal had gone towards the riverside to attend nature’s call. One Harisingh Kachhi (PW-7), Jagdish (PW-13) and Noor Khan (PW-9) came to the house of Narmada Prasad (PW-3) and informed him that the accused-appellants were assaulting his brother-Bansilal. Narmada Prasad (PW-3) immediately rushed to the spot alongwith them and near ‘otla’ of Hardul Baba, he noticed that all the appellants armed with lethal weapons had surrounded his brother-Bansilal. Appellants Chhotelal, Kailash and Suresh were armed with spears, appellant-Ramvilas was armed with pistol, whereas appellants Ramsingh and Gorelal were carrying lathis with them. When Bansilal tried to escape, appellant-R