R.S. Jha, J. - (1.)This appeal has been filed by the appellant being aggrieved by the judgment dated 24.8.1994 passed by the Additional Sessions Judge, Sohagpur to the Court of Sessions Judge, Hoshangabad in S.T. No.167/1992, whereby the appellant has been found guilty of an offence punishable under Section 302/34 of the IPC and has been sentenced to Life Imprisonment with fine of Rs.500/- with a stipulation of a further R.I. for 3 months, in case of default of deposit of fine.
The appellant has also been found guilty of an offence punishable under Section 325/34 of the IPC and has been sentenced to R.I. for 2 years with fine of Rs.500/- with the same stipulation in case of default of deposit of fine.

(2.)The prosecution case, in brief, is that on 15.3.1992, Raghuvir Singh (PW.1) had an altercation with the appellant in respect of the fact that the cattle of the appellant had entered into the field of Raghuvir Singh (PW.1) and had damaged the crops. As per the prosecution case, pursuant to the altercation, the appellant alongwith Suresh, Funda, Badde, Khemraj and Hira Lal assaulted Raghuvir Singh (PW.1), as a result of which he fell down and thereafter, when his son Vinod tried to intervene on coming to know about the fight, all of the accused attacked Vinod, inflicting as many as 9 injuries on his person, as a result of which he died on the spot.
(3.)Suresh and Funda were declared absconders, whereas the trial Court has acquitted Hira Lal and Khemraj. The trial Court on analysis of the oral and documentary evidence on record, has held the appellant Bhagirath and co-accused Badde @ Munna guilty of an offence punishable under the provisions of law as aforementioned. This appeal has been filed by Bhagirath alone being aggrieved by his conviction.