Smt. Shrivastava, J. -- 1. Appellants have preferred this appeal challenging their conviction and order of sentence passed by Additional Sessions Judge, Narsinghpur in ST No.26/2000, decided on 16.4.2001.

2. Appellants have been convicted under section 302/34 of IPC for committing murder of Sanju @ Sanjay and sentenced to life imprisonment with fine of Rs.3,000/- each, in default rigorous imprisonment for six months, by the impugned judgment.

3. As per prosecution case, on 29.9.1999 about 10 O'clock at night at Gotegaon when complainant Shankar was standing on the betel shop of deceased Sanjay Jain (hereinafter referred to as 'deceased'), appellants Pillu @ Prahlad and Guddu @ Rajesh came there and asked the deceased not to give evidence in Court in fan case. When deceased declined to do so, appellants began hurling abuses. On oppugnation, appellant Guddu @ Rajesh pulled deceased Sanju out of his betel shop by holding his collar, threw him on the ground and exhorted to kill him. Then appellant Pillu @ Prahlad began assaulting him by means of scissors. Both the appellants were telling that they will not leave him alive. It is alleged that co-accused Govind was also exhorting them to kill the deceased.

Complainant Shankar tried to intervene, but appellant Guddu@ Rajesh gave him a blow by tubelight causing injuries in his right hand. Deceased was rushed to the hospital in injured state, but he' succumbed to his injuries.

4. The FIR of the incident was lodged by complainant Shankar at Police Station Gotegaon, on the basis of which an offence was registered against the appellants along-with co-accused Govind and was investigated. Injured Shankar was also sent for medical examination. The intimation of death of Sanju @ Sanjay was sent to the police by the hospital authorities, whereupon merge intimation was recorded and merge inquest was made.

The dead body of deceased Sanju was sent for post-mortem examination. Blood stained earth and plain earth was seized from the spot. Blood stained clothes of the deceased were also seized. After due investigation, appellants and co-accused Govind were prosecuted under section 307, 324, 302, 294/34 of IPC and were put to trial.

5. Appellants and co-accused Govind denied the charges framed against them under section 302/34 and 323 of IPC and pleaded false implication due to enmity.

6. Learned Additional Sessions Judge, after trial and upon appreciation of the evidence adduced in the case, acquitted co-accused Govind of the charges under section 302/34, 323 of IPC, also acquitted the appellants of the charge under section 323 of IPC, but found them guilty under section 302/34 of IPC, convicted and sentenced them as aforesaid by the impugned judgment, which has been challenged in this appeal.

7. We have heard the learned counsel for the parties.

8. It was no longer disputed that deceased Sanju @ Sanjay met a homicidal death. It is also reflected from the medical evidence that Sanju @ Sanjay died of bodily injuries. Dr. Vinod Kumar Garg (PW7), who conducted the post-mortem examination on the dead body of deceased, along-with Dr. RK. Pyasi (PW8), found following ante-mortem injuries on his body:

(1) Incised wound through and through present over upper part of pinna of right ear 1 cm x 0.2 cm.

(2) Incised wound 1.2 cm x 0.5 cm x bone deep on left frontal region of skull.

(3) Stab wound on left side of chest over fifth costal cartilage and 4th IC space obliquely 1.2 cm x 0.5 cm x depth as probe passing the chest wall easily one inch.

(4) Swelling over the bridge of nose with clotted blood in both nostril.

(5) Incised wound over left phalanx joint cutting the vessels of left ring finger.

(6) Incised wound on little finger middle phalanx.

9. On internal post-mortem examination of the deceased, a stab injury 1 cm x 0.1 cm over right ventricle anterior aspect, pericardial space containing blood at the right border, stab wound 0.6 x 0.1 cm x whole of anterior wall musculature were also f