JUDGMENT

Rajeev Kumar Shrivastava , J. - The present Criminal appeal u/S 374 of CrPC has been preferred by appellants Ramswaroop, Ramesh and Hemant, assailing the impugned judgment of conviction and order of sentence dated 28-09-2011 passed by additional Sessions Judge, Chachoda, Distt.Guna (MP) in Sessions Trial No.256/2008 whereby the appellants have been convicted u/S 302/34 of IPC (two counts) and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- for commission of murder of Kallu and Shivlal and u/S 323/34 of IPC (four counts) and sentenced to undergo six months RI with default stipulations for causing injuries to four injured persons. Both the sentenced were directed to be run concurrently.

(2) In a nutshell, the case of prosecution is that around 4- 6 months ago from the date of incident 10.06.2008, the Dynamo of appellant No.1 Ramswaroop was stolen and on 10.06.2008, the accused persons were arguing with Kallu (since deceased) and others suspecting them for theft of Dynamo and for resolving the dispute, Nathu Patel and Dheeraj Meena were called by accused persons. During the incident, at around 12.00 noon, when Kallu and Dheeraj were leaving the place then, all o