(1.) The present appeal u/S 374 of the Code of Criminal Procedure, 1973[for short referred to as Cr.P.C' hereinafter] is filed assailing the judgment of conviction and order of sentence dtd. 24/3/2000 passed by 1st Additional Sessions Judge, Dewas, Distt. Dewas in S.T.No. 37/1997 whereby the appellants/accused Arjun Singh and Fateh Singh were acquitted for the charge of offence punishable u/S 302 of IPC, but both the accused were convicted for offences punishable under Sec. 325 r/W Sec. 34 of IPC and sentenced to rigorous imprisonment for 04 years with fine of Rs.7,000.00 each with default stipulation of additional rigorous imprisonment for 06 months.
(2.) The exposition of facts giving rise to present appeal, in brief, is as under:
(3.) The accused/appellants Arjun Singh and Fateh Singh filed present appeal assailing the impugned judgment of conviction on following grounds: