R.D. Shukla, J. -- 1. The appeal is directed against the judgment and order dated 28th October 86 of IIIrd Additional Sessions Judge, Dhar, passed in S.T.No. 177/84, whereby the accused-appellants 1 to 4 have been convicted under Section 302/34 IPC for having committed murder of Babulal S/o Narottam, on 6.9.84, in village Chor Baodi and sentenced them to undergo imprisonment for life each. Accused Naniya and Gulab have been further convicted under Section 323/34 for having caused simple injuries to Ramgopal and Madan and sentenced them to undergo R.I. for 3 months each. Appellant Rajababu has been acquitted of the offence under Ss. 302/34 and 323/34 IPC but has been convicted under S. 341 IPC and sentenced to a fine of Rs. 500/- each. In default of payment of fine he shall undergo RI for 7 days.

2. Brief history of the case is that deceased Babulal, (PW 7) Ramgopal and (PW 8) Madan, who are residents of Bachhanpur had gone to jungle (forest) for collecting teak leaves to be used for construction huts. They were returning at about 3 p.m. They were crossing the rivulate, near village Chor Baodi, the 4 accused persons Naniya, Gulab, Jamiya and Ruggu stopped them and asked them