(1.) THIS is an appeal against conviction preferred by the appellants who are original accused Nos. 1, 4, 5, 7, 10, 13 and 17 against the judgment and order passed by the learned II Additional Sessions Judge, Gondia in Sessions Case No. 57 of 1990, convicting them for offences punishable under section 302 read with section 149 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each and in default of payment of fine to undergo rigorous imprisonment for a period of two years.
(2.) AT the very outset, learned Advocate for the appellants has placed on record a death certificate indicating that the appellant No. 4 Budhram Kashiram Bagde has expired. The said death certificate has been taken on record and the appeal would stand abated against appellant No. 4 Budhram Kashiram Bagde and would proceed against other appellants.
(3.) THE prosecution case in brief was as follows: A)That victim Rajesh Singhaniya (hereinafter referred as the deceased) was a person who had taken a contract to supply Coolies to F. C. I. company situated at village Murri, Tahsil Gondia. The appellants along with several other accused were working in the said factory as Coolies since before the date of incident and they were on strike. The deceased used to supply Coolies to the said factory from outside.