JUDGMENT

N.V. RAMANA, J.

1. This appeal arises out of impugned Judgment and Order dated 12th January, 2012 passed by a Division Bench of High Court of Madhya Pradesh, Jabalpur in Criminal Appeal No. 533 of 1994 upholding the conviction and sentence passed by the learned trial Court against the appellant herein for the offence punishable under Section 302/34, IPC.

2. The facts, limited for the purpose of dealing with this appeal, as divulged by the prosecution case are that on 6th January, 1992, Hira Singh Gond (Complainant—PW 7) lodged an FIR at Bahri Police Station, Sidhi District stating that his brother Mangal Singh had gone to the fields to answer nature’s call, when Baliraj Singh (A1 & Appellant herein) and Baijnath Singh (A2) attacked him (Mangal Singh) with lathis causing instantaneous death of Mangal Singh. Accordingly police registered Crime No. 5/92 against the accused, body of the deceased was sent for postmortem examination, lathis allegedly used in the crime were seized at the instance of the accused and charges were framed against them under Section 302/34, IPC to which the accused pleaded not guilty and claimed trial.

3. In order to bring home the guilt of the accu