A. K. SHRIVASTAVA, J. :-

Feeling aggrieved by the judgment of conviction and order of sentence dated 5-5-2000 passed by learned Fifth Additional Sessions Judge, Rewa in Sessions Trial No. 192/99, convicting the appellants under Sections 394, 302/ 34 and 201 of IPC and thereby sentencing them to suffer R.I. of ten years and fine of Rs. 1000/- each, in default of payment of fine R.I. for three months each, life imprisonment and fine of Rs. 5000/- each, in default of payment of fine R.I. for one year each; and R.I. of five years and fine of Rs. 500/-each, in default of payment of fine R.I. for one month each, respectively with a further stipulation that all the sentences shall run concurrently, this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by them.

2. In brief the case of prosecution is that Subhash Dwivedi lodged a report in Police Station Sohagi on 11-3-1999 that a dead body of unknown person is lying nearby the culvert of Jhiria Lad. On the basis of the said information, a Marg was registered and for inquiry of the said Marg report Investigating Officer J. P. N. Singh went to the place of occurrence. During the course of investi