ABHAY K. GOHIL, J.

( 1 ) VIDE Judgment dated 26. 8. 2002 passed by Additional sessions Judge, Sironj, District Vidisha, in sessions Trial No. 134/94 both the appellants have been convicted under sections 302/34 and 323/34 IPC, and sentenced to life imprisonment with fine of rs. 2000/- each and 6 months R. I. and fine of Rs. 1,000/- each, respectively. In this appeal both the appellants have assailed the judgment of the trial Court.

( 2 ) PROSECUTION story, as incorporated in the FIR, is that the residential house of Aziz Khan s/o Chhotekhan is near the house of Mohsin-acquitted accused. It was alleged in the report that on 7. 11. 92 at about 7. 30 p. m. Aziz Khan was standing in front of his house. At that time, Chandkhan s/o Bannekhan armed with farsa, Mohsil armed with farsa, yusufkhan (tried by Juvenile Court)armed with lathi and Naseem armed with lathi came there and shouted that kadma would not be spared. Apprehending that a quarrel may not take place with jalal, the witness went behind the house of Chandu Tailor and noticed that 4 accused persons surrounded Jalal and chandkhan s/o Bannekhan inflicted farsa blow to the deceased hitting him on the side of upper ear. Mohsin is a

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