M.A.SIDDIQUI, J. - (1.)THE appeal has been preferred by appellants feeling aggrieved against the judgment dated 16 th July, 2001, delivered by the then Sessions Judge, Bhopal in Sessions Trial No. 280/2000 convicting the accused- appellants under Section 302 of IPC sentencing them to life imprisonment and fine of Rs.500/-. In extra, appellant no.1 Deepak has been convicted for alleged offence punishable under Section 324 IPC for one month R.I. and under Section 326 IPC for three month's R.I with fine of Rs.100/- .
(2.)IN short, the prosecution case is that on 4.5.2000 in the evening Mishrilal, Rajesh and Laxminarayan (since dead) had gone to see the fair at Bhopal and in the night at about 10.30 PM when they were returning after visiting the fair, in the way accused Deepak asked from Rajesh about the time. IN reply, Rajesh said that he had no watch, on hearing this, both appellants used filthy language. Laxminarayan asked appellants not to use filthy language, then appellants slapped Laxminarayan, Mishrilal and Rajesh. At that time, appellant Deepak took out a Gupti and gave a blow on Mishrilal which hit him on his thigh. Appellant Deepak also gave blow of Gupti to Rajesh which hit him in the stomach. Then appellants and their one companion caught Laxminarayan and dealt blow of knife and Gupti on him by which he received grievous injuries, he fell down and then accused persons flew away. Mishrilal took Laxminarayan to Hamidia Hospital. Laxminarayan, Mishrilal and Rajesh were admitted in the hospital and report (P.7) was lodged by Mishrilal (PW.4) at 11.45 PM as Dehati Nalish at the hospital. IN the morning, on 5.5.2000, Laxminarayan succumbed to the injuries. INquest was made vide Ex.P/10 by the police and body of Laxminaryan was sent for postmortem, postmortem report (P.2) was received. It was found that due to penetrated wound on chest and stomach Laxminarayan died homicidal death. Mishrilal and Rajesh were also examined and treated, and it was found on their medical examination that there were injuries on their bodies.
Police visited the spot and prepared spot map (P.8), collected blood stained and simple soil vide Ex.P/9 from the spot, accused were arrested and Gupti and knife were seized from them. One co-accused person was found to be minor, so his charge sheet was filed in Juvenile Court.

After due investigation, police filed charge sheet in the Court of CJM, Bhopal for alleged offence punishable under Sections 294,324, 307 and 302 read with section 34 of IPC. Case was committed for trial and the then Sessions Judge on 7.9.2000 put the charges under Sections 302 and 307 of IPC on both the appellants and started trial.

(3.)THE defence of accused persons was that they have been falsely implicated in the case, they were not present at the spot so plea of alibi was taken .THEy examined Banne Khan (DW.1), Munnibai (DW.2), Shyamabai (DW.3) and Shafiq Ahmed DW.4) in their defence.
The prosecution, to substantiate its case, examined Suresh Singh (PW.1) Head Constable, Dr.V.K.Athwal (PW.2), Dr.R.K. Daheria (PW.3), Mishrilal (PW.4), Rajesh (PW.5), Dr.Raghvendra Singh (PW.6), Suhas Dravid (PW.7) Inspector, Special Cell, Police Headquarter, Bhopal, J.P.Rai (PW.8) Assistant Sub-Inspector of Police, Brajgopal (PW.9) and Mohd. Farid (PW.10).