(1.) Against judgment dated 19.10.1995 passed by Additional Session Judge, Manendragarh, District Surguja in Session Trial No. 140/1994, accused persons/ appellants Ramnandan and Buddhu alias Sukhnandan have preferred Criminal Appeals No.1786 of 1995 and 1787 of 1995, respectively.
(2.) Case of the prosecution, in brief, is as under:
(3.) Smt. Kiran Jain, learned counsel for the appellants argued that the evidence of prosecution witnesses are not reliable. The conduct of the prosecution witnesses Ramadhar (PW1) and Dhaniram (PW10) is unnatural. The prosecution story itself is doubtful. She also argued that the appellants were provoked by the deceased. There was severe exchange of abuse between the appellants and the deceased. The appellants would not be punishable under Section 302 IPC Even after admitting the entire case of the prosecution, they would be liable for punishment under Section 304 IPC.