( 1 ) UNSUCCESSFUL appellants approached this court against judgment dated 30/04/1996 passed by learned Sessions Judge, Indore in Sessions trial No. 147/94, thereby convicting them for the offence punishable under Ss. 302, 302/34, I. P. C. and sentencing them (to) imprisonment for life.

( 2 ) GRAVAMEN of the prosecution case is that on 19/01/1994 at about 9. 15 p. m. accused/appellants went to the house of Ramawatar to call him out. At that time, kaushalya (P. W. 5) sister of Ramawatar and anita (P. W, 7) her sister-in-law were in the house, They told the appellants that ramawatar had gone to market. On this accused/appellants threatened them to finish Ramawatar and also abused filthily. Thereafter, Ramawatar was seen standing at the square, the accused/appellants surrounded him and was assaulted by lethal weapons, Anita (P. W. 7) wife of Ramawatar, ranibai, mother of Ramawatar, Santosh and harlnarayan reached the spot. Seeing them accused/appellants ran away. Ramawatar was died on the spot. The incident had taken place due to enmity between accused /appellant No. 1 and deceased-Ramawatar. The offence was registered on the basis of First Information Report, Ex. P/1