(1.) AS many as five accused were put up for trial before learned Additional Sessions Judge, Baran in Sessions Case No. 52/93. The accused Basania, Moriya and Kajod were acquitted of all the charges framed against them but accused- appellants Ghisia and Ghanshyam were convicted and sentenced vide judgment dated January 6, 1996 as under:- Ghisia & Ghanshyam both. U/sec. 302 IPC for causing death of Rameshwar Life Imprisonment with a fine of Rs. 100/-, in default to further undergo one month's simple imprisonment. U/sec. 307 IPC for causing injuries to Brijmohan 5 years' Rigorous Imprisonment with a fine of Rs. 100/-, in default to further undergo one month's rigorous imprisonment.
(2.) THE said judgment has been assailed by the appellants in the instant appeal. State has not challenged the acquittal of the remaining accused by filing an appeal.
(3.) WE have heard learned counsel for the appellants, learned Public Prosecutor, scanned and scrutinized the material on record.