Navin Sinha, Actg. C.J.

1. The appeals arise from judgment of conviction dated 1.4.1999 by the 3rd Additional Sessions Judge, Durg in Sessions Trial No. 63/1998. Appellant Gajanan and Moti have been convicted under Sections 302/34 IPC to life imprisonment with fine of Rs. 500/- and in the event of failure to pay fine they were required to undergo three months each further imprisonment. The two have been further convicted under Sections 307/34 IPC to seven years rigorous imprisonment each along with fine of Rs. 500/- each, and in the event of failure to pay the fine they were to undergo three months further imprisonment Appellant Alekho @ Budu has been convicted under Section 323/34 IPC and sentenced to rigorous imprisonment for six months.

2. According to the Dehati Nalishi, Exhibit P11, lodged on 12.10.1997 by PW7, Chandrashekhar Mishra the occurrence is stated to have taken place in two parts on 11.10.1997. The first part of the occurrence took place at about 11-11.30 pm at Mukesh Chowk. The witness was returning from the Temple. The Appellants were sitting at the Mukesh Chowk. The witness enquired from one of them why they were sitting so late in the night leading to a ver