ORDER

Per: Justice Vivek Agarwal

This Criminal Appeal is filed by the convicted accused persons totaling five being aggrieved of the judgement dated 12.08.1997 passed by the learned 1st Additional Sessions Judge, Jabalpur in Sessions Trial No. 925 of 1994 (State of M.P. through Police Station Shahpura District Jabalpur Vs. Narbad Singh & Ors.).

2. It has come on record and noted by the Co-ordinate Bench of this Court that on 04.10.2017 appellant No. 4 Balmukund S/o Kisan Sigh Rajput died on 08.02.2006 and therefore, his name was allowed to struck off from the cause title of the memo of appeal as the appeal against conviction stood abated for him.

3. Thus, the instant Criminal Appeal survives only for appellant No.1 Narbad Singh S/o Kisan Singh Parihar, appellant No.2 Sahdev Singh S/o Kisan Singh Parihar, appellant No.3 Baboo Singh @ Chakra Sudarshan Singh S/o Kisan Singh Rajput and appellant No.5 Delan Singh @ Laloo Singh Parihar S/o Halke Singh.

4. Shri Surendra Singh, learned Sr. Counsel for the appellants submit that, the prosecution story in brief is that there was a land related dispute between Jahar Singh father-in-law of Mahendra Singh (PW-1) and the brother of Jahar Singh namel