P.N.S. Chouhan, J. -- 1. Six persons were tried in S.T. No. 235 of 1990 of Bhopal Sessions Division on charges of committing murder of Bharat Singh and causing simple injuries to Jagdish (P.W.5) and Shankarlal (P.W. 1) on l7.5.1990 in front of Chandbad temple in Bhopal near the Jhuggi helonging to Shankarlal. Vide Judgment dated 10.10.1991 live accused were acquitted and appellant Pappu alias Sirajuddin was convicted u/s. 302 I.P.C. and sentenced to imprisonment for life which is under challenge in this appeal.

2. The appellant was running a Kirana shop near the Jhuggi of Shankar. On the date of incident, i.e., 17.5.1990, at about 7.00 p.m., the appellant alongwith acquitted accused Maniram and Suresh were dancing in front of the said kirana shop where a tape recorder was blaring. Shankarlal protested saying that gekjs ?kj esa cgw csfV;ka gSaA I His protest went unheeded. Then he went and called Vimlabai (P.W. 2) and her husband Santram (P.W. 6) from their nearby dairy. They too requested the dancers to stop their performance which annoyed the later who started uttering abuses and mounted assault. Bittu alias Nizamuddin dealt one blow with a wooden piece forming leg of a co