( 1 ) FOR taking exception to the judgment and order of conviction and sentence passed against them by learned II addl. Sessions Judge, Alirajpur in the matter of Sessions Trial No. 421/2002, the appellants have approached this Court by preferring this appeal. Learned II Addl. Sessions judge had convicted the appellants for the offence punishable under S. 307, 307/34 of the IPC and sentenced them to undergo ri for seven years each and fine of Rs. 300/-each in default of the fine, they shall undergo imprisonment for one month. ( 2 ) THE prosecution case in short is that on 19-7-2002 in the evening complainant dhulia (PW. 1) was returning back from the house of his relation named Kunwarsingh from village Moriavada after taking meals on celebration of festival "divasa" (shraad of the forefathers of Kunwarsingh, in tribal community of Jhabua District, they are arranging this function on the day of dark moon one day prior or after ). On the way dhulia met appellants near the house of ratansingh Bheel. The appellants asked complainant Dhulia as to why he came to their village to participate and take meal on occasion of "divasa", upon this complainant Dhulia (PW. 1) replied the appellats

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