JUDGMENT :

S. L. KOCHAR, J.

The appellants have preferred this appeal against the impugned judgment dated 29-9-2000 passed in S.T. No. 68/2000 by learned Additional Sessions Judge, Dhar, District Dhar (M. P.), whereby convicted the appellants under section 148 of the Indian Penal Code (for short "the IPC"), sentenced to RI for two years with fine of Rs. 5,00/- to each; in default whereof they shall suffer additional SI for one month. The appellants have also been convicted under section 302/149 of "the Indian Penal Code", sentenced to RI for life with fine of Rs. 1,000/- to each; in default whereof they shall suffer additional SI for two months. Both the jail sentences of the appellants have been directed to run concurrently.

2. According to the prosecution case, on 17-12-1999 deceased Ramlal and his wife Dhapu Bai (PW-1) had gone to watch their crop in the field, at that time they found that all the appellants were digging canal on the embankment and they were taking earth to their field. Deceased Ramlal objected the act of the appellants, on which appellants told them that whatever they can do, they may do and while saying so, appellant Nathu Singh struck axe blow on head of decease