( 1. ) FEELING aggrieved by the judgment of conviction dated 25th July, 1990 passed by IInd Additional Sessions Judge, Hoshangabad in Sessions Trial No. 155/86 by which the appellants have been convicted of the offence punishable under Section 302/34, IPC and sentenced to suffer life imprisonment, they have filed the present appeal.

( 2. ) SIX accused persons were tried for the offence punishable under section 302/34, IPC, Pillu alias Rajendra and Chaheti Bai have been acquitted by the learned Trial Judge and four accused persons, who are appellants, have been convicted by the impugned judgment.

( 3. ) IN brief the case of prosecution is that on 2-2-1986 almost an hour or so before noon, Ram Singh (hereinafter referred to as the deceased)was going from the Village Phephartal to Village Chichli. Near the culvert of a canal, accused Akhayram, Jagannath, Raman and Nabba stopped him. It is alleged that accused Nabba gave a ballam blow which pierced from his back and came out through the abdomen. Thereafter, the accused persons threw the deceased in the canal and fled. The deceased came out from the canal and fell down near the culvert.

( 4. ) ONE Kirat Singh of Village Repura saw