ABHAY MANOHAR SAPRE,J. - (1.) This appeal is filed by the two accused persons against the Judgment/order of the High Court of Madhya Pradesh at Jabalpur dated 08.12.2006 in Criminal Appeal No.934 of 1991 whereby the High Court partly allowed the appeal filed by the State against the acquittal order dated 07.05.1991 of the Additional Sessions Judge, Khurai, Dist. Sagar in Sessions Trial No.340 of 1990. The High Court while upholding the acquittal of other three accused set aside the acquittal of the appellants herein and convicted them for an offence punishable under Section 304 Part II read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and awarded each of them to undergo rigorous imprisonment for a term of five years and to pay a fine of L 2000/- each and, in default of payment of fine, to further undergo simple imprisonment for a period of three months.
(2.) In order to appreciate the issues arising in the appeal, relevant facts need mention infra.
(3.) In short, the case of the prosecution on which the trial against the appellants and other three accused proceeded was as follows:;