1This appeal is directed against the judgment of conviction and order of sentence dated 31-1-2002 passed by the 1st Additional Sessions Judge, Ambikapur in S. T. No. 319/2000 whereby learned Additional Sessions Judge after holding the accused / appellants guilty for commission of offence under S. 302 read with S.34 of the I. P. C., for committing the murder of Kan Rai, sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 6 months.

2. The case of the prosecution, in brief, is that on 24-8-2000 at about 2.30 p.m. Nirmal Kumar was at his residence, at that time, Kenda Kumhar came to his house and informed him that Kan Rai is being beaten, therefore, he along with Kenda Kumhar went to Sita Jhorikha Khar agricultural field, he saw from 100 meter and shouted towards the accused persons as to why they are beating Kan Rai, at that time accused Jhakadi was holding lathi in his hand. He stopped attacking Kan Rai. Accused Gyan Singh was attacking with spade. After seeing them when they rushed towards them, accused Gyan Singh and Jhakadi ran away. The matter was reported by Nirmal Kumar under