JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal preferred by the appellants herein (three in number) under Section 374(2) of the Cr.P.C. is directed against the judgment of conviction recorded for offence punishable under Section 302 read with Section 34 of the IPC and sentence awarded to them under Section 302 read with Section 34 of the IPC i.e. imprisonment for life and fine of Rs. 500/- each, in default of payment of fine, to further undergo rigorous imprisonment for two months by the Additional Sessions Judge, Kondagaon, District Kondagaon by the impugned judgment dated 26-10-2016 in Sessions Trial No. 68 of 2013.

2. The facts giving rise to this appeal are that Smt. Sugantin Bai, sister of appellants herein died on 24-5-2013 at about 10.00 am at village Titna Sadak Para, P.S. Makidi, District Kondagaon. Further case of the prosecution is that the appellants herein after having received the information of death of their sister namely Sugantin Bai reached to the house of Sugantin Bai armed with lathis and assaulted Vishwanath Batti (deceased) with hands and fists and also by lathis as a result of which he succumbed to the injuries and died, thereby they committed murder o