JUDGMENT :

SANJAY K. AGRAWAL, J.

1. Laxmi Prasad Meshram (A-1), Bireej Bai Meshram (A-2) and Ramkumar Meshram (A-3) were tried for offence punishable under Section 302 of IPC and out of them, Ramkumar Meshram (A-3) was acquitted by the trial Court extending him the benefit of right of private defence and appellants No. 1 and 2 herein were convicted for offence punishable under Section 302/34 of IPC which has been challenged by them by filing this criminal appeal under Section 374(2) of Cr.P.C. questioning the legality, validity and correctness of impugned judgment dated 18/08/2015 passed by learned 1st Additional Sessions Judge, Bilaspur in Sessions Trial No. 133/2014 whereby they have been convicted for offence punishable under Section 302 r/w 34 of IPC and they have been sentenced to undergo life imprisonment with fine of Rs. 200/- and in default of payment of fine, further R.I. for 6 months.

2. Case of the prosecution, in brief, is that on 03/10/2014 at about 11 PM at Village Koskatii within the ambit of Police Station Takhatpur, the appellants herein, in furtherance of their common intention, assaulted Kaushal, cousin of Ramkumar Meshram (A-3), with sharp edged axe and with laathi due to which he suffered greivous injuries and died and, thereby, committed the aforesaid offence.

3. Further case of the prosecution is that on 03/10/2014 at about 11 PM, Ramkumar Meshram (A-3) went to the house of his brother Kaushal Meshram and asked him to make separate khaata parchi and also asked for partition on account of which dispute arose between them and Kaushal Meshran also came out of his house in intoxicated condition and armed with tangi and assaulted Ramkumar Meshram (A-3) and chopped off his left hand from the wrist. Thereafter, all the three accused persons dragged Kaushal Meshram to the courtyard and assaulted him with axe and laathi. Appellant No. 1 Laxmi Prasad (A-1) chopped off his left leg due to which blood started oozing and Kaushal Meshram died on the spot. In the morning, Kumaribai (PW-7), wife of deceased Kaushal Meshram, informed about the incident to the village Sarpanch, Kotwar and other villagers and thereafter, dehati nalishi and dehati merg intimation were registered vide Ex.P/24 and P/23. Merg intimation was registered vide Ex.P/21 and first information report was lodged against the accused persons vide Ex.P/18. The dead body of Kaushal Meshram was subjected to postmortem which was conducted by Dr. Nikhilesh Kumar Gupta (PW-15) and as per the postmortem report (Ex.P/19), cause of death is said to be hypovolemic and neurogenic shock due to internal and external hemorrhage and nature of death is said to be homicidal. The accused persons were taken into custody and their memorandum statements were recorded vide Ex.P/5, P/6 and P/9 and pursuant thereof, seizure of blood-stained axe was made from appellant No. 1 Laxmi Prasad (A-1) vide Ex.P/7, seizure of laathi was made from appellant No. 2 Bireej Bai (A-2) vide Ex.P/8 and seizure of a bamboo stick was made from co-accused Ramkumar Meshram (A-3) vide Ex.P/10. After due investigation, the accused persons were charge-sheeted for offence punishable under Section 302/34 of IPC which was committed to the Court of Sessions for trial in accordance with law. The accused persons abjured their guilt and entered into defence.

4. In order to bring home the offence, prosecution examined as many as 19 witnesses and brought on record 30 documents. Statements of the accused persons were recorded under Section 313 of Cr.P.C. wherein they denied guilt and they examined 1 witness in their defence and only brought 1 document on record.

5. Learned trial Court, after appreciation of oral and documentary evidence on record, acquitted Ramkumar Meshram (A-3) extending him the benefit of right of private defence though convicted the two appellants herein for offence punishable under Section 302/34 of IPC and sentenced them as aforesaid.

6. Mr. Rishi Rahul Soni, learned counsel for the appellants, w