JUDGMENT

Nanavati, J.-This is an appeal by special leave against the judgment and order passed by the High Court of Rajasthan in Criminal Appeal Nos. 239 of 1983 and 388 of 1985. Cr. A. No. 239 was filed by the four convicted accused whereas Cr.A. No. 388 was filed by the State against the acquittal of the 17 remaining accused and also against the acquittal of Accused Ramphool under Section 302 IPC.

2. Briefly stated, the prosecution case was that there was enmity between the family of the accused and the family of Babu Singh. Since 3 or 4 days before 29.7.81 the accused were threatening to kill members of the family of Babu Singh and his brother P.W. 1 Harbhajan. On 29.7.81 at about 6.00 O clock in the morning while Buddha, son of Harbhajan was returning from hillside with milk all the 21 accused assaulted him and tried to kill him. Hearing his cries Harbhajan and his brother Babu Singh ran to his rescue. While they reached near the house of one Amar Singh, the accused who were coming from the opposite side encircled Babu and started beating him. Accused Hari Singh gave 2-3 blows with his lathi (stick) on the head of Babu. Accused Heera Singh gave one or two lathi blows on his leg