Judgement

MAHAJAN, J. : These are appeals by Ramnath, Pratap and Purshotham under Art. 134 (1) (c) of the Constitution of India from the Judgment and Order of the High Court of Judicature at Nagpur dated 22-8-1952 in Criminal Appeal No. 74 of 1951.

2. Sunder, a goldsmith by profession and leader of one of the two rival factions in the town of Gadarwara (Madhya Pradesh) was shot while returning from a meeting at the ganj (grain market) and walking on the main cement road of the town at a spot in front of one Narayandas s house, where Phullu Mithya s lane meets that road, at about 11 or 11.30 P.M. on 6-4-1950. The night was dark and cloudy and the road had no street lights. He was taken in a tonga to the hospital and after enquiry from him, Mulchand (P. W. 20), his muneem lodged the first information report about this incident at the police station Gadarwara at about 11-40 P. M. Half an hour, later, G. D. Mukherji (P. W. 5), first class magistrate, recorded Sunder s dying declaration, Ex. P-17, which runs as follows:

"Q : Who assaulted you?

A: Purshotham, Pratap, Mamaji and Hanna Ahir shot me by means of a pistol.

Q: Where were you going?

A: Pratap had called and had taken me to Nakalganj,