JUDGMENT

C.K. Thakker, J. —

1. The present appeal is filed by appellant Dadan-Accused No. 2 in Sessions Trial No. 39 of 1992 being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated September 11, 1998, recorded by the Court of Additional Sessions Judge, Satna (Madhya Pradesh) and confirmed by the High Court of Judicature at Jabalpur, M.P. on April 25, 2006 in Criminal Appeal No. 2444 of 1998.

2. Shortly stated the facts of the case are that according to the prosecution, the incident in question took place on December 14, 1990 at 07.05 p.m. at Kabari Tola, District Satna in front of Pan shop of one Bablu. The case of the prosecution was that on the fateful day, all the accused were standing near the shop of Bablu. Jawaharlal Sahu (deceased) came there on his scooter. All the accused persons were waiting for the deceased. They formed an unlawful assembly whose members were armed with deadly weapons like gupti, knife, iron rods etc. The common object of the accused persons was to kill Jawaharlal. On seeing Jawaharlal, all the accused started inflicting injuries on him. Jawaharlal cried for help. His brother PW 5 Motilal who was sitting at the watch