SHRIVASTAVA, J. - (1.)APPELLANTS have challenged their conviction and order of sentence passed by Second Additional Sessions Judge, Jabalpur in ST No.316/86 decided on 18.5.1995.
(2.)APPELLANT No.1 Paras ram has been convicted under section 302 of IPC, while the other appellants No.2 to 7 have been convicted under section 302/149 of IPC and each of them sentenced to imprisonment for life by the impugned judgment.
Appellant No.6 Ram Prasad died during the pendency of appeal. His appeal has, therefore, abated.

(3.)ACCORDING to prosecution on 26.12.1985 at about 7:30 in the morning deceased Gopal Singh (hereinafter to be referred as deceased) had left his house at Village Para for Jabalpur alongwith his sons Munna Singh and Rajendra Singh on a motorcycle for attending the Court. Deceased Gopal Singh himself was driving the motorcycle, while his two sons were sitting on the rear seat. When they reached near Kirha Nala at Bargi Nagar Road at about 8 O'clock in the morning, they were interrupted by two bullock carts driven by appellant Shri Lodhi and one Fadali. At the same time appellants Parasram, Kimatlal, Rajkumar, Maan Singh, Ramji and Ram Prasad emerged there. Appellant Parasram was armed with spear and other appellants were armed with 'lathi'. On seeing the appellants, two sons of the deceased, namely, Munna Singh and Rajendra Singh got down from the motorcycle and deceased was also in the process of getting down that he was assaulted by appellant Paras ram by spear. Other appellants then dragged him towards the eastern side of the road. Appellant Parasram snatched the mouser (rifle) from the deceased, which he was holding on his shoulder. Munna Singh and Rajendra Singh, two sons of the deceased, tried to follow them, but the appellants intimidated them and threatened with death. Then they rushed from there and from the distance of 100 yards they noticed that appellants were hitting their father with stones and appellant Parasram fired at him from the gun, which he had snatched from their father and shot him dead.