ORDER :

1. Altogether seven persons were put on trial for offences under Sections 148, 323 and 302/149 of the Indian Penal Code. The trial court by its judgment and order dated 20th January, 1997 acquitted all the accused persons Aggrieved by their acquittal, the State preferred an appeal and the High Court by the impugned judgment maintained the acquittal of the three accused persons but convicted the appellants under Sections 302/34 and 323/34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and rigorous imprisonment for one year respectively.

2. Appellants have preferred this appeal against the aforesaid judgment of conviction and sentence.

3. According to the prosecution, on 29th January, 1994, the informant Madanlal (PW-6) and his father Dhulji, the deceased, were sleeping in a room adjoining their field and his nephew PW-1 Rameshwar was sleeping outside. According to the prosecution, at 12:15 in the night the appellants herein came on a motor cycle and threatened Rameshwar who was sleeping outside. Appellant No. 2 also named Rameshwar was armed with knife, whereas other appellants were armed with lathis. PW-1 Rameshwar raised an alarm and on hearing t