I.S. Shrivastava, J.

1. Being aggrieved by the judgment of conviction and sentence dated 20-1-2005 passed by Smt. Sunita Yadav, 1st Additional Sessions Judge, Chhatarpur, in Sessions Trial No. 147/2003 convicting the appellants under Section 302/34 of IPC and sentencing with Rigorous Imprisonment for life and fine of Rs. 10,000/-, in default six months' Rigorous Imprisonment, this appeal has been preferred by the appellants.

2. The brief facts of the prosecution case are that on 6-6-2003 marriage ceremony of daughter of Ganesh Prasad was being celebrated in Shantinagar Colony, Chhatarpur. Deceased Deendayal was also present there. While deceased Deendayal was sitting with other villagers, Bablu Singh (P.W. 2) and Chintu (P.W. 7) in a tent, at that time the accused persons came in a Jeep at about 10.45 p.m. at the place of incident. Accused Gajendra Singh alighted from the Jeep, he was having 315 bore rifle. Along with him accused Katare Raja, Ravindra Raja and Chhatrapal Singh also alighted from the Jeep. On exhortation of accused Katare Raja and Ravindra Raja, the accused Gajendra Singh fired gun shot on Deendayal due to which Deendayal fell down on the ground. Accused Gajen