( 1 ) APPELLANTS have been convicted under Section 302, IPC and sentenced to imprisonment for life vide judgment dated 30-7-92 passed by First Additional sessions Judge, Sivpuri in Sessions trial No. 57/89. Against their conviction and sentence they have filed this appeal.

( 2 ) AS per prosecution story, on 24-12-88 the incident took place at about 11. 30 a. m. in the forest under Police Station subhashpura, district Shivpuri. The place of incident was 12 Kms. away from the police station. FIR of the incident was lodged by Rajaram (PW-1) on the same day at about 13. 45 p. m. As per the FIR, he had gone in the forest near Kataghat to cut some bushes. When he was cutting the bushes, he heard the cries. Somebody was weeping and shouting. He came towards cries near the passage and he saw that Ramswaroop Gujar, ramhet Gujar and Narayan Singh Gujar of his village armed with farsa, axe and ballam were assaulting Ramhet son of Mangal Singh by these weapons. After seeing them he raised voice that why he is being killed and went on the spot to save him. The appellants fled away towards Godhar hill. He went near the person- He was injured having injuries on his head, neck, tem