1. - Being aggrieved by the judgment and order of conviction passed on 19.3.86 by the Sessions Judge, Pratapgarh in Sessions Trial No. 119/82 convicting the appellants under Section 304 Pt. II IPC. and sentencing each of them to undergo 5 years R.l. and to pay a fine of Rs. 500/- in default of payment of fine to further undergo one months simple imprisonment, accused have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before me.

2. With the assistance of the learned counsel for the accused appellants and the learned P.P., I have scrutinised the record of the case, and re-appreciated the evidence. I find from the record and re-appreciated the evidence. I find from the record and re-appreciation of evidence that the First Information Report was lodged at 10.00 P.M. at Police Station Suhagpura by P.W. 1 Kachru to the effect that on the same day at about 5-7 p.m. in the evening, the accused persons were come armed with axes and sticks and assaulted the father of the complainant who as a result of the injury died. On the basis of this report, investigation was taken up. During the course of investigation, the victim died therefore