JUDGMENT - R.K. BATTA, J.:---Both these appeals arise out of the same judgment dated 24-10-1994 by which the appellants have been convicted for the murder of Satyawan under section 302 read with section 34 of I.P.C. In addition two of the appellants have also been sentenced under section 323 read with section 34 of I.P.C. for assault on P.W. 1 Ganga. The appellants have challenged their conviction in these appeals.

2. The prosecution case, in brief, is that on 21-5-1990 deceased Satyawan and his family members were invited at the house of Digambar Wani for meals. While deceased Satyawan was coming towards the house of Digambar Wani, his legs and clothes were entangled in barbed wire near the cattle shed of the accused. At this state some altercation took place between the deceased and Nandu Bahadur, servant of the accused. It appears that the deceased Satyawan, returned back to his house and was once again coming from his house towards the house of Digambar Wani, when the accused Charandas and Vilas assaulted him with iron rod (Sabbal) on his head, as a result of which deceased Satyanwan fell near the otta. At this stage his sister Ganga P.W. 1, came to the spot and covered Satyawan

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