( 1. ) THIS appeal has been preferred against the judgment-dated 29-12-1993 passed by Additional Sessions Judge, gadarwara Distt. Narsinghpur in S. T. No. 255/1992 whereby the appellants were convicted and sentenced as under with the direction that the custodial sentences shall run concurrently :-Convicted under Section sentenced to 304 Part I read with S. 34 of the IPC undergo R. I. for 7 years and fine of Rs. 5000/- and in default, to suffer R. I. for 1 year. 326 read with S. 34 of the IPC undergo R. I. for 4 years and fine of Rs. 3000/- and in default to suffer R. I. for 7 months.

( 2. ) THE prosecution story, in short, may be narrated as under -

(a) On 30-8-1992, at the time when the appellant No. 2 Hakam Khan (for short a2)was taking the cattle through the land in occupation of Hemraj (since deceased), a quarrel ensued that led to animosity between them. (b) On the following day i. e. 31-8-1992 only, at about 8 a. m. , while returning home from their fields, Hemraj and his nephew raja Bhaiya (PW 11) were jointly attacked by the appellants and co-accused Naseer, munni Bi, Sakina Bi, Kadori Bi, Mitthu, sheikh Ramjan, Sheikh Muddin and chamru alias Hasrat. The appellant No