VIMLA JAIN,J - (1.)APPELLANTS preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 24.12.2003 passed by 4th Additional Sessions Judge, Chhatarpur in Sessions Trial No.144/1998, whereby each of the appellants has been convicted and sentenced with the direction to run both the sentences concurrently as under:-
Provision Sentence Under Section 302/34 of Imprisonment for life and fine of IPC Rs.2000/- and in default of payment of fine, further rigorous imprisonment for one year each. Under Section 201 of Rigorous imprisonment for seven IPC years and fine of Rs.1000/- and in default of payment of fine, further rigorous imprisonment for six months each.

(2.)IT is not in dispute that Ramsuphal alias Sujjan (deceased) was cousin of accused persons.
Brief facts of the case are that on 25.3.1998 at about 11:10 pm, complainant Ramnaresh Tiwari lodged first information report (Ex.P/1) at Police Station Goyra that his brother Ramsuphal alias Sujjan and Lala, aged about 8 years had gone to Shyama Tare Wale Khet for the protection of crop of brinjal. At about 3 O'clock, Lala came and told that cattle belonging to accused Ramswaroop had entered the field of Ramsuphal alias Sujjan, who removed the cattle out of his field. Accused Ramswaroop, Vijay Bahadur and Chhota Tiwari came in the field at about 2 O'clock, abused Ramsuphal alias Sujjan, tied a towel around his neck and took him to the NALA of their field. Rakesh, who was cutting his crop in his field also informed that accused Ramswaroop, Vijay Bahadur and Chhota Tiwari had beaten Sujjan and taken him to their field by wrapping and tying a towel around his neck.

(3.)THE complainant alongwith Rakesh, his mother Kaushalya and his sister Rajkumari went to the field but they could not find his brother Ramsuphal alias Sujjan and accused Ramswaroop and others. When they made a search near the field, they found the dead body of Ramsuphal alias Sajjan in a NALA. at about 5 pm. Head of the body was in a hole. The neck was swollen and blackened. The nose was bleeding. Left eye of the deceased had a wound. It is alleged that last year some people had come from Pugri in connection with the marriage of Ramswaroop but as it could not be finalized, Ramswaroop had enmity since then. The accused persons had committed murder of deceased due to such previous animosity and because of the dispute over the entry of cattle in the field.