( 1 ) FOR taking exception to the judgment and order of conviction and sentence passed against him by learned II addl. Sessions Judge, Neemuch in the matter of Sessions Trial No. 64/1995, the appellants have approached this Court by preferring this appeal. Learned Judge had convicted the appellants for the offence punishable u/ss. 148, 302/149 and 323/149 of the IPC and sentenced each of the appellants to undergo R. I. for two years and fine of Rs. 1000/-, R. I. for life and fine of rs. 5000/- and one year R. I. and fine of Rs. 1000/- in respective counts. In default of payment of fine each appellant was further sentenced to undergo one month R. I. six months R. I and one month R. I. , in respective sections. However the substantive sentences were directed to run concurrently. ( 2 ) BRIEFLY stated the prosecution case as unfolded before the trial Court is that on 7-2-1997 complainant Balwant Singh (P. W. 2)lodged the report in the police station that he was taking tea in his house along with amar Singh (P. W. 3) and one Basantilal in the evening at 6. 00 p. m. At that time his brother-in-law Ramsingh reached over there for calling them for taking supper. At that juncture, appellant

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