JUDGMENT

P.C. Agarwal, J. - In all six accused persons were put to trial under Sections 302. 149. 147 and 148 of the Indian Penal Code (Code for short) before Second Additional Sessions Judge, Shivpuri in S.T. No. 53/1986 (State of M.P. v. Shripati and 5 others). Out of these. Hariram (A-1) and Bhujwal (A-2) were convicted on 22-12-1987 under Section 302 of the Code and sentenced to undergo life imprisonment while 4 others (1) Shripati S/o Meharban Singh (ii) Malam Singh S/o Meharban Singh (iii) Musahab Singh S/o Ghuman Singh and (iv) Kamal Singh S/0 Mangal Singh were acquitted by the Trial Court giving them benefit of doubt. The convicted appellants have filed this appeal.

2. As per prosecution on 18-12-1985 deceased Bhogiram had gone to Village Bel Babri Ration Fair Price Shop to take sugar with Son Singh (PW-4) and Santokh Singh (PW-5). Bhaiya Sahab (PW-3) had also accompanied him with Son Singh (PW4) and Santokh Singh (PW-5) on return. Hariram (A-1) with farsa. Bhujwal Singh (A-2) with an axe with other coaccused Musahab Singh. Kamal Singh, Malam Singh & Shripati who were armed with Axe. Farsa and Luhangi checked deceased Bhogiram in the way. Hariram (A-1) gave a farsa blow on