JUDGMENT

S.L. Kochar, J. - By this appeal, the appellants have challenged their conviction under Sections 460 and 302 read with Section 34 of the Indian Penal Code and consequent sentence of R.I. for five years and imprisonment for life respectively passed by the learned Sessions Judge, Ujjain in S.T. No. 332/95 on 25.9.96.

2. The facts of the prosecution case in brief an unfolded before the Trial Court were that on 27.5.95, the deceased Kusumbai had lodged a report at Police Station, Bhat Pachlana against the appellants for abusing and beating her on account of land dispute (Ex. P22A). On 31.5.95, she again lodged a report with regard to demanding of copy of the report by the accused/appellants and assaulting her by knife and lathi (Ex. P23A). The accused were pressurizing the deceased for compromise and on 17.7.95 when she refused to enter into compromise the accused abused her. In the intervening night of 17th and 18th July, 1995, at 12 o’clock the deceased Kusumbai was sleeping in the Verandah of her house and her husband Sohansingh was sleeping in the adjoining room in fever. Feeling pressure on her mouth, the deceased woke up and saw accused Premsingh gagging her mouth and ac