JUDGMENT

Thomas, J.-A youngman, by name Nanji, was murdered on 23.8.1980, near Government Degree College, Dhar. The police arraigned five persons for the said murder and the Sessions Judge, after trial, convicted the first two among them (Kanhaiyalal - first accused and Maniram - second accused) of the offence under Section 302 IPC, and acquitted the remaining three persons. State filed persons another appeal. High Court of Madhya Pradesh while confirming the conviction and sentence reversed the order of acquittal of 5th accused (Dhanna) and convicted him also of the offence under Section 302 IPC. Sentence of imprisonment for life was awarded to all the convicts. We have before us two appeals by special leave, one jointly filed by Kanhaiyalal and Maniram and the other separately filed by Dhanna.

2. Prosecution set up the following case against five accused. Around 3.30 P.M. deceased Nanji, PW 1, Gopilal and PW-5 Narainlal were proceeding on bicycles along Dhar-Indore Road. Their destination was Nanji s house at Jetpura. As they reached near Government Degree College, all the five accused emerged from the roadside and made a blitz on Nanji. Kanhaiyalal and Maniram were armed with Dhar