Judgment

VAIDIALINGAM, J.:- The appeal, by special leave, by the six appellants is directed against the judgment and order dated May 3 1967 of the Madhya Pradesh High Court in Criminal Appeal No. 374 of 1964 confirming their conviction for offences under Sections 148, 452, 302 read with Section 149 and 307 read with Section 149, I. P. C. as well as the sentences imposed for those offences. In view of the sentence of imprisonment for life passed for the offence under Section 302 read with Section 149, the sentences in respect of other offences have been directed to run concurrently.

2. In all fourteen accused, including the appellants were tried by the learned. Sessions Judge, the allegations being that all of them formed themselves into an unlawful assembly with the common object of intentionally murdering with dangerous weapons two persons Balmukund and his son Ram Gopal, and of attempting to murder Lal Singh, P. W. 1, son of Balmukund and that they in prosecution of the common object caused the death of the above two persons and also attempted to murder Lal Singh. There were also certain other offences alleged under the Indian Arms Act.

3. The case of the prosecution was as follows: Ram Gopal and Lal Singh were sons of Balmukund. Balmukund and Ram Gopal were notorious gundas who constituted a grave menace to the people of Jaisinagar. The first and the second appellants are brothers; appellants Nos. 4, 5 and 6 are also brothers. All the fourteen accused, including the appellants armed with dangerous weapons like Farsa, guns and Katarnas, on the night of October 30, 1963 formed themselves into an unlawful assembly and came in a body to commit the murder of Lal Singh, Balmukund and Ram Gopal Lal Singh was sitting in the house of Imrat Joshi and when he was just starting to go to his house, he was obstructed by some of the accused including the appellants Nos. 2, 4, 5 and 6, They were armed with deadly weapons and the second appellant in particular was armed with a pistol. On seeing the said accused approaching him menacingly, Lal Singh raised an alarm and shouted for his brother Ram Gopal to come to his assistance.Ram Gopal, who was at that time sitting in the house of Hari Krishna P. W. 5 immediately came rushing to the place where Lal Singh was. At that time the appellants Nos. 1 and 2 fired gun shots. Ram Gopal and Lal Singh ran into the home of P. W. 5 to take shelter. But all the fourteen accused followed them and attempted to break open the front door of the house of P. W. 5. In the meanwhile some of the accusd had gained entrance through the back of the home and all the accused began to attack Lal Singh,Ram Gopal and Balmukund. Appellants Nos.1 and 2 had pistols, appellant No. 5 had a Farsa and the others had Katarnas in their hands. The first and the second appellants fired their guns towards Ram Gopal and when he fell down, he was given severe blows with Katarnas by some of the other accused including the appellants Nos. 3 and 6. As a result of the injuries sustained, Ram Gopal died on the spot.

4. Lal Singh, who was hiding within the house of P. W. 5 and watching the attack made on his brother, was seen by the accused and he was dealt blows by Katarnas by some of the accused including the 6th appellant. He was also shot at by the first and second appellants and he sustained a gun shot wound in his right thigh.

5. The report of the incident was made by P. W. 2, a neighbour on the same night on the basis that he heard some altercation and the noise of gun firing and that Ram Gopal was crying for help. This report admittedly did not contain any details regarding the incident relating to the attack as P. W. 2 was not an eye witness. The post-mortem certificate issued by P.W. 19 regarding Ram Gopal shows that he had received as many as five injuries. According to the doctor the death was caused due to shock and haemorrhage as a result of severe cutting of large blood vessels. The doctor had also stated that the injuries Nos. 1