Judgment

Nanavati, J.-Even though in the Cause Title of the Appeal five persons are shown as respondents, it has to be treated as an appeal against three respondents only, as the respondent Nos. 2 and 3 had died during the pendency of the appeal before the High Court.

2. The three respondents were tried along with Jagdish Singh and Jay Narayan for the offences punishable under Sections 148 and 302 IPC for causing death of Ram Bharose on 16.2.1982 at 11.00 a.m. The trial Court believed the evidence of P.W. 4. Rewa Ram who was with Ram Bharose at the time of the incident and also of P.W. 3 Ram Avtar who had seen the incident while standing near the house of Kishan Lal and convicted all the five accused under Section 148 and 302 IPC. All the five convicted accused filed an appeal before the High Court. Accused Jay Narayan and Jagdish died during the pendency of the appeal and, therefore, their appeal abated. The High Court on reappreciation of the evidence of P.W. 3 Ram Avtar and P.W. 4 Rewa Ram held that they were present at the time of the occurrence and could be accepted as truthful witnesses. The High Court, therefore, relied upon their evidence and held that the accused had assaul