( 1 ) THE appellants have filed this appeal against the judgment and order dated 11-8-1997 passed in S. T. No. 45/1997 by learned V ASJ, Ujjain whereby convicted the appellants under S. 302/34 of the I. P. C. and sentenced to undergo R. I. for life and fine of Rs. 2,000/- to each of the appellants and in default of payment of fine to undergo R. I. for two months.

( 2 ) THE prosecution case multum in parvo as disclosed before the trial Court is that shivlal (P. W. 8) was residing with his maternal uncle deceased nathu and performing agricultural work. Originally he was resident of village Kakhdel, P. S. Badod, District Shajapur. On 19-10-1996 in the night at 8. 30 p. m. when he reached with a loaded bullock cart at the house of his maternal uncle, his maternal aunt Sitabai (PW 2) told him that his uncle Nathu did not return from village Old Bahadurpura where he had gone to reap soyabeen crop oh daily wages as labour. On this information, Shivlal (PW 8)proceeded in search of his uncle Nathu and when going towards Old Bahadurpura on the road he saw that appellants and acquitted co-accused Shankarlal were assaulting his uncle Nathu at some distance of school. Shivlal r