1. Appellants have filed this appeal challenging the judgment of conviction and sentence dated 18.1.2000 delivered by the Court of Third Additional Sessions Judge, Shivpuri in Sessions Trial No134/1999 whereby the appellants stand convicted for the offence punishable under section 302 read with 34 IPC and sentenced to undergo life imprisonment and fine of Rs.500/- each and under section 323 IPC sentenced to undergo R.I. for one year respectively with default stipulations. Both the sentences were directed to run concurrently.

2. The bare facts giving rise to the present case are that at about 9.00 p.m. on 4.5.1999, complainant Devilal (PW1) lodged the FIR (ExP-1) to the effect that he along with his brother deceased Mathura and others had come to attend the marriage of the son of his uncle at village Sunaj. Between 9-10 p.m., complainant along with his brother deceased Mathura, Ramprasad , Veer Singh and others went to the potter to fetch some earthen utensils. When they were returning from the potter's place, Hari, Baijnath, Kamala and Srikrishna came and started assa