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