JUDGEMENT

The present appeal under Section 374 (2) of Code of Criminal Procedure (for brevity "Cr.P.C.") has been filed by the appellants against the judgment of conviction and sentence dated 16.12.2013 passed by the Sessions Judge, Panna in Sessions Trial No.121/2012, whereby the appellant No.1 has been convicted for offence under Section 302 of I.P.C. and the appellant Nos.2 to 5 have been convicted for offence under Section 302/34 of I.P.C. All the appellants have been sentenced to undergo Life Imprisonment with fine of Rs.5,000/-, with default stipulations.

2 . T h e prosecution case in brief is that on 09.08.2012, deceased Mahendra @ Maddhu, who was son of complainant Beta Lal had taken lunch and then left to graze buffaloes at Patha Har. After the deceased left, complainant Beta Lal (PW-16) along with his wife Ramkali (PW-15) also left for Patha Har to take fodder for cattle. The complainant Beta Lal saw the deceased Mahendra grazing buffaloes near field of Bhudar Lodhi at Patha Har. The complainant PW-16 was preparing fodder in the same field. At that time, the complainant heard cries of distress of deceased and then saw that the appellant No.1 - Lal @ Virochan was assau