T.P. Sharma, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 28-4-2007 passed by the 7th Additional Sessions Judge, Raipur in Sessions Trial No. 397/2006, whereby and where under learned Additional Sessions Judge after holding the Appellants guilty for formation of unlawful assembly having its common object to commit murder of Nand kumar Yadav, convicted the Appellants under Sections 147 and 302 read with Section 149 of the Indian Penal Code and sentenced them to undergo RI for six months and to undergo imprisonment for life and pay fine of Rs. 500/- each, in default of payment of fine to further undergo RI for three months, respectively.

2. Conviction is impugned on.the ground that without any iota of evidence, the trial Court has convicted and sentenced the Appellants, and thereby committed illegality.

3. As per case of the prosecution, on the fateful day of 7-7-2006 at about 7 a.m. Nand kumar Yadav (since deceased) was ploughing his field, on account of enmity relating to land, Appellants Bodhan, Satyanarayan and Ghasi Ram came to the field, Appellant Bodhan was holding cricket bat, Appellants Satyanarayan and Ghasi Ram were holdi