CHANDRA BHUSHAN BAJPAI, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 06-02-1998 passed by the Additional Sessions Judge, Surajpur, the then District Surguja, M.P. (now C.G.) in Sessions Trial No. 88 of 1997 whereby and whereunder the learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death not amounting to murder of Premsai, convicted the appellants under Section 304-Part I of the Indian Penal Code (in short the IPC) along with died appellant Jaylal for whom the appeal stands abated as per order dated 27-9-2004 and sentenced them to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 200/- in default of payment of fine, to further undergo rigorous imprisonment for 1 month, to each appellant.

2. Conviction is impugned on the ground that without there being any iota of evidence. Court below has convicted and sentenced the appellants aforesaid mentioned and thereby committed illegality.

3. As per case of the prosecution, name of deceased is Premsai. On 01-6-1996, at about 6.30 p.m., Devnarayan (PW-3) reached to Police Station Ramanujnagar and lodged the First Information Repor