JUDGMENT :

Narendra Kumar Johari, J.

Present appeal has been filed against the judgment and conviction order of Sessions Judge, Chitrakoot. Learned Sessions Judge vide order dated 05.02.2000 has convicted and sentenced the accused-appellants under Sections 302 read with Section 34 and 323 read with Section 34 of Indian Penal Code (hereinafter referred to as "I.P.C."). All the accused/appellants Dhaukal, Lulli, Kaluwa and Sundaria were sentenced for life imprisonment under Section 302/34 and rigorous imprisonment for three months under Section 323 read with Section 34 I.P.C.

2. Prosecution version in nut-shell is as follows:-

3. It has been mentioned by complainant-Kalutia @ Sentarva in her First Information Report on 23.07.1987 that she had kept a bundle of JHAKHAR on her BIRABARI which was taken by Sundaria who was daughter of her brother-in-law (Jeth). On an enquiry about aforesaid JHAKHAR, Sundaria started abusing and an altercation took place orally between them. At about 1:00 P.M. at noon, her husband-Sukhna returned at his house after ploughing the field and was eating his meal. At that time, her Jeth-Dhaukal came at her house and called her husband stated that Sagir is calling h