JUDGMENT

Rajendra Babu, J.-These two appeals arise out of common judgment of the Madhya Pradesh High Court in two criminal appeals. The prosecution case in this appeal as unfolded flounders on the bedrock of family feuds, bloodshed and murder. Angooribai, daughter-in-law of Saligram (PW-1) is stated to be living with Vidyaram [appellant No. 2] as his mistress. Therefore, it is alleged that PW-1 Saligram s family had enmity against all the accused. One Ramcharan, brother of accused Vidyaram is stated to have been murdered in which the complainant Saligram, his deceased son Bachchoo Lal, his nephew, Sultan Singh and his brother Adi Ram who are other witnesses in this case were accused and Vidyaram deposed in that case against them. Except for Bachchoo Lal, who was sentenced to life imprisonment, all the other accused were acquitted by the trial Court. On appeal the High Court acquitted him also. It is stated that it is in this background that murder of Bachchoo Lal took place to avenge the death of Ramcharan.

2. On 12.5.1981 at about 11 A.M. P.W.-1 Saligram along with his son Bachchoo Lal was proceeding on bicycle to village Hingawali to attend a feast in connection with marriage ceremony at Gangaram s residence. Bachchoo Lal was riding the cycle with his father Saligram also perching thereon. When they reached the road connecting village Navali and Laljit Ka Pura, they got down, as there was sand on the road. Bachchoo Lal was pushing the cycle while Saligram was coming behind him about 30-40 paces away, accused Jagdish armed with .12 bore Katta (country made pistol) and axe and Vidyaram with a Mouser gun and Uttam nephew of Vidyaram s sister son was armed with Farsa . Jagdish fired at Bachchoo Lal with .12 bore Katta which hit him on the left thigh then Uttam gave him Farsa blow on his head. Jagdish fired second time with Katta and Vidyaram also fired with his Mouser gun. Bachchoo Lal became injured and fell down on the ground. P.W.-1 Saligram raised a loud cry in panic that his son has been murdered. Then Vidyaram ran towards him with the gun but he somehow escaped and ran back 10 paces behind. From there he saw that all the three accused attacked Bachchoo Lal with Farsa and axe and when Bachchoo Lal died, they ran away towards Geelapura. P.W.-1 want near Bachchoo Lal and found that he had succumbed to his injuries. Thereafter, he went to the Police Station Ambah and lodged a complaint which was registered at 1.30 P.M. by P.W.-10 Jaikaran Singh who proceeded to the place of occurrence, prepared a Panchnama, recovered blood stained earth, a six inch long handle of the axe (Article 7) from the spot and an empty cartridge of .12 bore gun and an empty round of .315 bore (Article 14) and prepared appropriate memo. The dead body was sent for post-mortem examination on 13.5.1981. The Doctor conducted autopsy on the body and found as many as 15 ante-mortem injuries on the body of the deceased. On 9.6.1981 accused Jagdish and Vidyaram were arrested by P.W.-9 Ram Sunder Tiwari and at his instance blood stained axe (Article 9) was recovered from his house and it was sent for chemical examination which, however, proved that it did not contain any blood stains. Vidyaram made a disclosure about a licence of Mouser gun (Article 12) and missed cartridge and licence of the Mouser gun and produced it before the Policeman Babu Singh, who was not examined before trial Court and Ram Gopal denied having seen anything produced by Vidyaram in the Police Station. All the three accused were charge sheeted under Section 302 read with 34 of Indian Penal Code. They were tried by the IIIrd Additional Sessions Judge, Morena. Accused pleaded not guilty and claimed to be tried. Their defence was that the witnesses have given false evidence because of their enmity with Vidyaram and further pleaded that they were away to attend the marriage of their relative at village Mahawakepura in U.P., were not present at the time of the occurrence and are falsely impl