( 1 ) BOTH the aforesaid appeals arise out of the common judgment dated 20-8- 1994 passed in Sessions Trial No. 259/92. This judgment shall also govern the disposal of Criminal Appeal No. 188/94 and Criminal Appeal No. 58/95. In Sessions Trial No. 259/92, eight accused persons were tried. Vide judgment dated 20-8-1994, III Additional Sessions Judge, Morena convicted Govind Sb Soneram under Section 302 IPC and sentenced him to imprisonment for life against which Govind has filed Criminal Appeal No. 188/94 challenging his conviction and sentence and acquitted the rest of the accused persons namely Brij Sf0. Soneram, Soneram Sf0 Gangaram, Ramnivas S/c Lajjaram, Durga Sb Soneram, Kalicharan Sb Lajjaram, Kaladhar Sb Lajjaram and Maniram Sf0 Lajjaram and against the acquittal of the aforesaid accused persons, State has filed Criminal Appeal No. 58/95 after obtaining leave from this Court. Both these appeals have been heard together and they are being decided by this common judgment.

( 2 ) IN short, the prosecution story is that on 19-8-1992 at about 9 AM in the morning, when complainant Kamlesh Sf0 Vrindavan, his brother Girraj, Bablu, Satish, Ashok and cousin Ramnivas we