JUDGMENT :

Sanjay K. Agrawal, J

This criminal appeal filed by the accused-appellants under Section 374(2) of Cr. P.C. is directed against the impugned judgment of conviction and order of sentence dated 25.05.2015, passed by the Court of learned Additional Sessions Judge, Katghora, District Korba (C.G.) in S.T. No.04/2014, whereby the appellants-accused have been convicted for offence under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment each with fine of Rs.1,000/- each and, in default of fine, additional imprisonment of 01 year each.

2. The case of the prosecution, in brief, is that on 14.11.2013 at about 03:00 PM at Village Botla, the accused-appellants shared a common intention to kill Samaru Singh (deceased) and, in furtherance thereof, assaulted Samaru Singh (deceased) by means of ‘lathi’, hand, fist and legs, due to which he suffered grievous injuries and died during the course of treatment in hospital and, thereby, committed the offence under Section 302 r/w 34 of IPC.

3. In the instant case, it is admitted and undisputed facts that :

Amir Singh (PW-05) and Rai Singh (PW-01) are brothers of deceased- Samaru Singh and Ku. Fulkunwar is sister of deceased- Samar