Pritinker Diwaker, J.

1. Present appeal is directed against the judgment dated 29.8.2012 passed by the Additional Sessions Judge, Balod in Sessions Trial No. 10/2012 convicting the accused/appellants for the offence punishable under Section 302/34 of the Indian Penal Code (for short ‘IPC’) and sentencing each of them to undergo RI for life and fine of Rs. 50/- in default to undergo additional RI for 3 months.

2. As per prosecution case, deceased Manharan, his wife Mankarma (PW-3) and the appellants were ‘nomads’ that is to say, they have no permanent abode and they used to travel from place to place to earn their livelihood by begging and fortune-telling. It is stated that on 27.12.2011 the accused/appellants, deceased and other persons were staying behind Santosh Hotel, Maaridevri, Tahsil Dondilohara, District Durg. On the same day at about 8.30 p.m. accused/appellant Fulbai was cooking food on oven and deceased Manharan was warming up himself from the fire of oven. On account of foot of the deceased coming into contact with burning log, the vegetable being cooked spilled over the ground as a result an altercation ensued between the accused persons and the deceased and in the course of altercation, they beat the deceased by hands, fists and kicks due to which the deceased became unconscious. Deceased was taken to the hospital where his MLC was done by Dr. Rajesh Sadani (PW-8) vide Ex.P-16 and he advised for x-ray examination. However, on x-ray examination, no bony injury was noticed. Dehati Nalishi (Ex.P-3) was recorded on 12.12.2011 at the instance of Mankarma (PW-1) and based on which un-exhibited FIR was recorded against the appellants under Section 307/34 of IPC. During the course of treatment in the hospital, the deceased succumbed to the injuries on 15.12.2011. On the basis of information received by a Ward Boy of the hospital, un-numbered merg (Ex.P-6) was recorded on 15.12.2011. Post-mortem examination over the body of deceased was conducted by Dr. S.K. Bagh (PW-7) vide Ex.P-7 and he noticed dark and red coloured ecchymosis over right occipital parietal region of 6x4cm & 6x5cm respectively. Skull bone intact but massive sub-dural haemorrhage was present on right temporal parietal region. Contusion of 1.5 cm was present over right temporal lobe. Multiple small clotted blood was present. As per opinion of autopsy surgeon, cause of death was due to cardio respiratory failure as a result of head injury and its complication and the duration of death was within 24 hours prior to the post-mortem examination. Numbered Merg (Ex.P-6) was registered on 31.12.2012.

3. After completion of investigation, charge sheet under Section 302/34 IPC was filed against the accused/appellants and accordingly the charge was framed by the trial Court against them. So as to hold the accused/ appellants guilty, the prosecution has examined 08 witnesses in support of its case. Statements of accused/appellants were also recorded under Section 313 Cr.P.C. in which they denied the charge levelled against them and pleaded their false implication in the case.

4. After hearing counsel for the parties, the trial Court by the impugned judgment convicted and sentenced the accused/appellants in the manner as described above.

5. We have heard learned counsel for the parties and perused the material available on record including the impugned judgment.

6. Counsel for the appellants submits that the incident in question occurred in a spur of moment and that too on a very trivial issue which had occurred in the fateful night when the foot of the deceased came into contact with burning log and the vegetable being cooked spilled over the ground; as per medical evidence, no bony injury was noticed on the body of the deceased; the deceased died after about eight days of the incident and the autopsy surgeon has opined that had the proper treatment been provided to the deceased, he would not have died. He further submits that Mankarma (PW-1), wife of deceased, had