( 1 ) BEING aggrieved by the judgment date 8. 10. 2000 of conviction under Section 302/34 IPC and sentence of life imprisonment and fine of Rs. 5,000/- and in default of payment of fine further two years R. I. passed by Fourth Additional Sessions Judge, Bhind in S. T. No. 87/95 and 232/94, the appellant has filed this Criminal Appeal under Section 374 Cr. P. C.

( 2 ) AS per prosecution story, on 24. 11. 1993 one Suresh Sharma (P. W. I) lodged FIR at p. S. Baraso at 7 p. m. that or the same day at about 5. 30 p. m. he was sitting at the door of his house along with his grandfather jeevaram. At the same time appellant dataram came at their house with 12 bore gun along with Naresh Mohan, Manoj kumar, Ashok Kumar, Munnalal, mansharam and Suresh and they started throwing stones at their house and they were also abusing. It was alleged that jeevaram was having enmity with Dataram on account of some dispute of boundary of the land. Because of fire he and his grandfather Jeevaram both went on the roof of the house from where his grandfather asked them not to throw stones and asked why they are throwing stones. Thereafter all the accused persons surrounded their house and wh