S.S. Jha, J.

1. Appellants are convicted for an offence under Section 302, I.P.C.

2. According to the prosecution, on 19.11.91 at about 7.00 O'clock in the morning Thakurdas, Sarpanch was returning from the field of Lakhansingh after attending the call of nature; then he saw that appellants Santoshsingh, Karansingh and Mehthansingh had surrounded his brother Meghsingh. Appellant Santoshsingh said that he has murdered his brother Radheshyam and thrown his body in the well of Darua Gadariya; now we will finish you. Accused Santoshsingh gave a farsa blow to Meghsingh which hit him on right mandible; accused Mehthansingh gave a farsa blow which hit Meghsingh on the right temporal region. Accused Karansingh gave another blow which hit him on the upper portion of the head and Meghsingh fell on the ground. Then, Karansingh gave two blows by axe on the head of Meghsingh. In between Complainant Thakurdas's father Dhansingh, Phupha Birje, Uttam Jamadar and other villagers reached the spot and accused ran away.

3. Prosecution examined as many as 14 witnesses and 30 documents were exhibited. No evidence in defence was filed.

4. P.W.13 Dr. (Smt.) Santosh Dixit has performed autopsy of the d