A.K. Awasthy, J.

1. Appellants/accused have filed the appeal under Section 374 of the Code of Criminal Procedure against the judgment and order dated 18-1-1996 delivered in Sessions Trial No. 134/1994 by learned First Additional Sessions Judge, Khargone (West Nimar) of their conviction and sentence under Section 302 read with Section 34, IPC of the rigorous imprisonment of life and fine of Rs. 5,000.00 and in default of fine, further simple imprisonment of 1 year and also under Section 323 read with Section 34, IPC fine of Rs. 200.00 and in default of fine, further simple imprisonment of one month and both the sentences were directed to run concurrently.

2. The prosecution case is that on 8-2-1994 at about 7.00 p.m. in Village Mamdiya in the feast at the house of Kalu, the villagers from the nearby villages were present and when accused Bhawla demanded more mutton, then on account of the refusal to provide him more mutton, he left the party. That after some time accused Bhawla @ Bhavsingh alongwith his brothers co-accused Kashya @ Kashiram, Dhanna @ Dhannalal and Bhika reached there and accused Bhawla gave one stick blow on the head of deceased Munna, aged about 30 years. Tha