JUDGMENT

1. This criminal appeal under section 374 (2) of Cr.P.C. has been preferred by the appellants being aggrieved by the judgment dated 19.11.2014 passed by Special Judge (SC/ST) Dhar in Special Session Trial No.54/09 whereby the trial Court has convicted the appellants for the offence punishable u/S. 302 of IPC and sentenced them to undergo rigorous imprisonment for life with fine of Rs.5000/- and in default of payment of fine one month’s additional R.I.

2. According to the prosecution story in short, PW-1 Balwant lodged a report Ex.P-1 at police station- Sadalpur at 06.30 a.m. stating that he was sleeping in the house with his brother Jagdish PW-2 and father-in-law Shankarlal PW-6 and in early morning at 04.00 a.m. he heard the voice of this father who was sleeping on the Otla (platform) outside of the house and saw that the appellants along with other co-accused persons- Mohan, Kaniram Balai, Babu, Ramchandra, Ghandshyam and Jitendra were assaulting his father (deceased) with swords. He further stated that his brother PW-2 Jagdish, his father-in-law PW-6 Shankarlal and Hariram PW-13 also saw the incident. On the basis of the report of PW-1 Balwant, police registered an F.