A.R. Tiwari, J. -- 1. By this Judgment, we are disposing of Criminal Appeal No. 244/84 as well as Criminal Appeal No. 243/84 because they arise out of the judgment rendered by the learned First Additional Sessions Judge, Ujjain in Sessions Trial No. 14/84 on 17.5.1984.

2. Dissatisfied By their conviction under section 302/149 of the Indian Penal Code and sentence of imprisonment for life there under, the ten convicts (Chandersingh, Nihalji, Anandilal, Manaklal, Kanhiram alias Kanhiya, Bapusingh, Dulesingh, Laxman, Rameshwar and Jatalsingh) have preferred appeal No. 244/84 and the remaining two convicts (Bheru and Prema) have filed Criminal Appeal No. 243/84, assailing the conviction and sentence awarded to them as aforesaid by the judgment noted above.

3. Briefly stated, the prosecution case was that on18.12.1983 at 1.30 P.M. the deceased Umraosingh and one Ramesh (PW -6) were sleeping in the KHALA (threshing-flour) belonging to the deceased. All the appellants armed with different weapons together came out from the house of the appellant Prema and mounted attack on Umraosingh. Ramesh tried to intervene, but he too was assaulted by some of the appellants. Kamala Bai (PW -2) a