( 1 ) IN Cr. A. 274/98, learned Sr. Advocate Shri Jalsing with Ravi verma was present for the appellants hariram and Balarm. Initially this appeal was filed by Advocate Shrl Ashish Gupta and he was appearing for all the four appellants. But, on 10-10-2006, he appeared and made statement that he has given no objection certificate for appearance on behalf of hariram and Balaram to learned Sr. Advocate Shri jaisingh and for appellants Kailash and Mohan to Sr. Advocate Shri Z. A. Khan and his associates. According to Advocate shri Ashish Gupta, he is no more advocate in this appeal for the appellants and also has no instructions. This is the appeal of the year 1998 and appellants Kailash and mohan are in jail since last more than eight years. The appeal is being listed for final hearing from 1-9-2006. It was listed in weekly list as well in the daily cause list in the last week and on 25-9-2006. 26-9-2006, 27-9-2006, 28-9-2006. On the prayer of the counsel for the parties, this appeal along with connected Criminal Appeals No. 311 /98, 312/98 and 401/98 were adjourned to 29-9-2006. Again on 9-10-2006, these appeals were adjounred and, listed on 10-10-2006 for final hearing. None appeared for the appellants Kailash and Mohan in Cr. A. No. 274/98. In Cr. A. No. 311/98 and 312/98, learned Sr. Advocate Shri Jaisingh was present with Shri Ravi Verma. In Cr. A. No. 401/98, for three appellants none was present, The appellants are on ball and are not present in the court. On previsous dates, all these four appeals were adjourned mainly on the ground that the counsel for the appellants in Cr. A. No. 401/98 Shri K. K. Gupta was sick and this fact was apprised to this Court by learned Sr. Advocate Shri jaising, therefore, all these four connected appeals were adjourned and fixed for 10-10-2006 for final arguments. On 10-10-2006 none appeared in Cr. A. No. 401/98, therefore, in view of the Supreme Court Judgments In the case of Benisingh v. State (AIR 1996 SC 2439) : (1996 Cri LJ 3491); kishansingh v. State of U. P. (1996 (9) SCC 372)as well as the Division Bench Judgment of this Court reported in 2004 (3) MPLJ 105 the appeal of the appellants Kailash and mohan (Cr. A. No. 274/98) and Cr. A, No. 401/98 have been heard in the absence of counsel for the appellants, on merits. This court has been assisted effectively in all these appeals by learned Sr. Advocate Shrl jaisingh as well as Shrl Girish Desal, Dy. Advocate General.

( 2 ) THE aforesaid four appeals arise out of one and the same judgment dated 29-1-1998 passed in Sessions Trial No. 407/92 by the learned First Addl. Sessions Judge, indore thereby finding the appellants guilty of the offence punishable under Section 302/149 Indian Penal Code on two counts, 324/149 Indian Penal Code and Section 148 of IPC, convicted them accordingly and sentenced each of them to suffer imprisonment for life and fine of Rs. 500/- on each count and to suffer R. I. for one year respectively. In default of payment of fine to suffer additional R. I. for three months.

( 3 ) IN total, ten accused persons were prosecuted and out of them accused ramesh died during the course of trial. After conviction, the present appellant Kailash, balaram, Mohanlal and Hariram preferred cr. A. No, 274/98, Mangilal preferred Cr. A. No. 311/98. Satyanarayan preferred Cr. A. No. 31,2/98 and Babulal, Vikram and mukesh preferred Cr. A. No. 401/98. Since all the aforesaid appeals arise out of one and the same judgment, therefore, they are being decided by this common judgment.

( 4 ) BRIEFLY stated the facts of the prosecution case as unfolded before the trial court are that on 23-1-1991, Shantilal Jain of village Banedia informed Police Depalpur on telephone that in the village rioting has taken place, After recording this information in Roznamcha, police went to the village Banedia where the, complainant bismilla B1 got recorded the Dehati Nalishi ex. P/38 to the effect that she herself and her sons Kalu, Bhoora, Jami