JUDGMENT

Santosh Hegde, J.-The appellant and nine others were accused of having committed the murder of one Maniram on 21.12.1983 at about 10 a.m. in Usranhar, District Chhatarpur. The motive alleged is one pertaining to the elections of the panchayat. The prosecution case is that the appellant and the other accused persons waylaid the deceased and on the exhortation of the appellant, A-7 who was the son of the appellant fired at the deceased with a Rifle and A-10 fired with a 12 bore gun while the other 7 accused persons who were carrying lathis were also present. Accordingly, they were all charged for offences punishable under Section 302 read with Section 109 IPC and the appellant, A-7 and A-10 were charged under Section 30 of the Indian Arms Act.

2. The trial court acquitted the 7 accused persons who were alleged to have been present with the lathis at the time of their attack and convicted the appellant, A-7 and A-10 of the offence punishable under Section 302 read with Section 109 IPC, and awarded life imprisonment and further convicted them under Section 30 of the Indian Arms Act and sentenced them to undergo RI for three months on that count.

3. The three convicted accused