Dwivedi, J. -- 1. The appellants have preferred this criminal appeal under section 374 (2) of CrPC feeling aggrieved by the impugned judgment dated 16.12.1999 passed by Special Judge and Additional Session Judge, Gwalior in Sessions trial No. 361/98, whereby both the appellants have been found guilty for the offence punishable under section 302/34 of IPC and each of the appellants has been sentenced to life imprisonment.

2. Briefly stated facts of the case are that on 10.8.1999 the complainant Suresh (PW 6) went to his maternal aunt's house situated at Nichlapura, Lashkar, Gwalior. When he was talking to deceased Babulal who is son of his maternal aunt, at that time, it is alleged that both the appellants came there armed with stick, started abusing the deceased Babulal and also caused injury to him by means of stick, due to which, Babulal sustained various injuries on chest and other parts of the body. Witnesses Inder Singh and Autar Singh came there and tried to caught hold the accused persons, thereafter, both the appellants-accused fled away from the spot. First information report has been lodged by Suresh at police Station Madhoganj, Gwalior, on which basis, case under section 307 of IPC has been registered. Injured Babulal was sent to government hospital for his medical examination but on examination doctor found him dead.His death is reported to the police, on which basis, inquest report has been registered and police issued memo for postmortem examination of the dead body of the deceased Babulal and also prepared inquest panchnama of the dead body. Dr. Yogendra Singh (PW 7) performed the postmortem and opined that due to injury on chest which resulted failure of respiratory system and due to injury on the vital organ the deceased died. His death is within 24 hours from the time of examination. During investigation, statement of the witnesses were recorded. Accused persons were arrested and from their possession, bamboo stick was seized and after due investigation, the charge sheet was filed.

3. Both the appellants-accused persons abjured the guilt and their defence was of false implication in this case. Learned trial Court after due appreciation of the entire prosecution evidence held them guilty for the offence under section 302/34 of IPC and sentenced them to life imprisonment. Being aggrieved by which the appellants-accused have preferred this appeal.

4. Heard learned counsel for both the parties perused the record and impugned judgment.

5. Learned counsel for the appellants submitted that appellants are not challenging their involvement in this incident. Counsel for the appellants only submitted that trial Court has wrongly held the appellants guilty for the offence under section 302 of IPC; whereas the incident had taken place all of a sudden because of the some previous dispute in between the parties. The appellants were also not having any prior intention to cause death of the deceased Babulal. They were only armed with a stick and they caused injury by a stick on chest; without any intention to cause death of the deceased in this incident. Other injuries sustained to the deceased are simple in nature and may be caused due to scuffle in between both the parties and in such circumstances, only prayer is for alteration of the conviction of the appellants from 302 to 304 Part I or II of the IPC and just reduction of the jail sentence.

6. Learned Public Prosecutor supported the impugned judgment and submitted that looking to the nature of the injuries sustained to the deceased Babulal on chest' which appears to be sufficient to cause death the trial Court has rightly held the appellants guilty for the aforesaid offence punishable under section 302 of IPC and no grounds are available for any interference in the finding of conviction and sentence recorded by the trial Court, hence prayed for dismissal of the appeal.

7. As before this Court the counsel for the appellants' has not challenged the death of