T.P. Sharma, J

1. Challenge in this appeal is to the judgment of conviction & order of sentence dated 31.10.2003 passed by the Additional Sessions judge. Sakti, in Sessions Trial No.406/2002, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for formation of unlawful assembly armed with deadly weapons having its common object to cause homicidal death amounting to murder of Gangaprasad and simple injuries to naratram. Mehattar Ram and Ramkumar in furtherance of common object of unlawful assembly convicted them under Sections 302 read with Section 149 or the I.P.C. 148 read with Section 149 of the I.P.C. and 323 read with Section 149 or the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs.500/-, in default of payment of title to further undergo R.I. for one month R.I. for one year. R.I. for one month, R.I. for one month and R.I. for one month.

2. Conviction is impugned on the ground that without there being any iota of evidence, especially relating to formation of unlawful assembly for commission of offence, the trial Court has convicted and sentenced the appellants as aforementioned and thereby committed illegalit