C. Nagappan, J. - (1.)THIS appeal is preferred against the judgment dated 16.3.2012 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No. 353 of 2004.
(2.)THE Appellants herein are accused Nos. 1 to 3 in the case in Sessions Trial No. 8/97, on the file of Additional Sessions Judge, Gohad, District -Bhind (M.P.) and they were tried for the offence punishable Under Section 302 read with Section 34 Indian Penal Code and the Trial Court convicted them for the said offence and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. 500/ -, in default to undergo Rigorous Imprisonment for one month.
Challenging the conviction and sentence, the accused preferred appeal in Criminal Appeal No. 353 of 2004 in the High Court and the same came to be dismissed by the impugned judgment and that is now under challenge in this appeal.

(3.)BRIEFLY , the case of the prosecution is as follows:
PW5 Satyendra Singh, PW16 Brijendra Singh and deceased Narendra Singh are sons of PW7 Hanumant Singh. PW6 Uday Singh and PW10 Om Prakash are brothers of PW7 Hanumant Singh. On 6.9.1994 at 8.00 a.m. PW5 Satyendra Singh and PW16 Brijendra Singh had gone to attend call of nature in the drain (Nalah) and they heard the sound of weeping and alarm raised by PW10 Om Prakash and they went there and saw Narendra lying on the ground and accused No. 3 Sardar Khan put his knee on his chest after holding his hands tight and accused No. 1 Sobaran Singh and accused No. 2 Suraj Singh tied his neck with a muffler (Safee) and accused No. 1 Sobaran Singh was armed with a 12 -bore gun and due to fear, they did not go near Narendra and in the meanwhile, PW6 Uday Singh and PW11 Vishwanath Sharma also rushed to the spot and on seeing them, accused Nos. 1 to 3 ran away. They found Narendra alive with injuries on the neck, chest and right knee and they carried him to the tube -well and thereafter, put him on the tractor -trolley and drove him to the hospital at Mau where he was declared dead by the Doctor. PW14 Dr. O.P. Tengar conducted the post -mortem at 12.30 p.m. on 6.9.1994 over the body of Narendra and found the following:

(i) Abrasion admeasuring 3.0 cm x 1.0 cm on calf muscle of right leg;

(ii) Abrasion multiple in number size varies from 2.5" to 3.0" in length and linear in width over right side of neck 2" below the ear lobule and 2.2" above the clavicle;

(iii) Abrasion 2 in number size 2.2", 2.0" x linear just over the cricoids cartilage;

(iv) Contusion 1.5" x 1.0" on the middle sternum.

On dissection of the body, he found contusion on sternum and ecchymosed underneath the contusion (rupture of small capillaries and ventricles) with tracheal rings and cricoids cartilage fractured. Pharynx and larynx were congested. He expressed opinion that death was caused due to strangulation (Asphyxia), 4 -6 hours prior to autopsy and issued Exh. P16 post -mortem report. Thereafter, PW6 Uday Singh went to Mau Police Station and lodged a report, which was registered in the shape of Marg, Under Section 174 Code of Criminal Procedure by Assistant Sub -Inspector of Police Balram Singh. During the investigation of Marg, statements of the witnesses were recorded. On 7.8.1995, PW9 Assistant Sub -Inspector Ram Naresh Singh Kushwah registered a case in Crime No. 76/1995 against accused Nos. 1 to 3 for the alleged offence Under Section 302 read with Section 34 Indian Penal Code and prepared Exh. P13 FIR. During investigation of the case, witnesses were examined and final report was filed. Charge Under Section 302 Indian Penal Code was framed against accused Nos. 1 to 3 and they were found guilty and were sentenced as narrated above and the appeal preferred by them was dismissed by the High Court. Challenging the same, accused Nos. 1 to 3 have preferred this appeal.