Shrivastava, J. -- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 3.4.1999 passed by learned 2nd Additional Sessions Judge, Tikamgarh in Sessions Trial No.37/95 convicting the appellant Mathura under section 302, IPC and appellant-Chhabilal under sections 302/34, IPC and sentencing them to suffer imprisonment of life and fine of Rs.500/- each, in default of payment of fine, further SI of one month each, the appellants have preferred this appeal under section 374(2) of Code of Criminal Procedure, 1973.

2. In brief, the case of prosecution is that on 27.7.1994 at 8:00 p.m. in village Tanga, Narendra Singh (hereinafter referred to as "the deceased") was talking to Harimohan. His brother Devendra and witness Daulat arrived here from village Bamhori Abada to call the labours. All these persons were standing there, at that juncture, one tractor came. The deceased raised his hands to stop this tractor but it did not stop, as a result of which deceased started chasing it. In between appellants came from a Gali (lane) and asked who is there, on this, deceased told that I am Narendra, thereafter it is said that appellant-Chhabilal asked Mathura Maro,