Shrivastava, J. -- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 31.8.2001 passed by learned Third Additional Sessions Judge, Chhattarpur in Sessions Trial No.31/2000 convicting the appellants under section 148 and sentencing them to suffer RI for two years and also under section 302/149 IPC and thereby sentencing them to suffer rigorous imprisonment for life with default stipulations as mentioned in the impugned judgment, the appellants have preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. In the present case there are as many as 10 accused persons namely Mukhram (appellant No.1), Bhauram ((appellant No.2), Rajkumar alias Pahalwan (appellant No.3), Brijkishore (appellant No.4), Nandkishore (appellant No.5), Ram Asre (absconding) (appellant No.6), Ram Khilawan (accused No.7 who filed a separate appeal and during pendency of that appeal he had died), Kriparam and Santkumar (accused No.8 and 9) were acquitted while accused No.10 Dadi s/o Sukhram died during the trial.

3. In brief the case of prosecution is that on 12.8.1997 eye-witnesses Ramdas and her Bhabhi Kamla (elder brother’s wife) of village Kawarau w