1. This appeal has been filed against the judgment of conviction and order of sentence dated 29.5.2003 passed by Additional Sessions Judge, Mahasamund, in Sessions Trial No. 320/1995 convicting the accused / appellants under S.302 and S.323 IPC and sentencing each of them to undergo imprisonment for life with fine of Rs. 200/- u/s 302 and RI for one month u/s 323 IPC, plus default stipulations. In addition to this, accused / appellant Roop Singh has also been convicted u/s 294 IPC and sentenced to undergo RI for one month.

2. Brief factual background leading to disposal of this appeal is that on 4.5.1995 at about 6.30 AM Benuram (PW - 2) received an information to the effect that there was fire in his heystack and while he was going to the said place, on the way near Jaistambh he met his uncle Jethuram, Krishna Kumar and Anand Ram. At that time accused / appellant Roop Singh who was already there, abused him which was objected to by Jethuram, and at that point of time the accused / appellants herein and the deceased / accused Balaram caused injuries to Jethuram with club as a result of which he fell down and became unconscious. Thereafter, accused persons caused injuries to him (Ben