JUDGMENT :

DEEPAK GUPTA, J.

1. This appeal by the convicted accused is directed against the judgment dated 24.10.2008 passed by the Division Bench of the High Court of Madhya Pradesh, whereby the High Court upheld the judgment of the Sessions Judge, Datia dated 30.03.1995 convicting the appellants of having committing offences punishable under Sections 148 and 302 read with 149 of the Indian Penal Code. Appellants were sentenced to undergo life imprisonment for the offence of murder and two years rigorous imprisonment for the offence punishable under Section 148 IPC. They were also directed to pay fine of Rs. 25,000/- and in default of payment of fine further three years rigorous imprisonment.

2. Shortly stated the prosecution case, as reflected in FIR is that on 25.05.1994 at about 2 p.m. Lakhan Singh (PW-10) and Ram Singh (PW-11), who were coming from village Baron Kalan to village Kotra, saw the accused persons beating Gajraj Singh with lathis at a place called Brar Khora. These two witnesses asked why the accused were beating Gajraj Singh and then they were threatened by the accused. Being scared, they ran away from the spot to save their own lives. Then they reached village Kotra