Judgment

PALEKAR, J.:- This is an appeal by special leave by seven accused who have been convicted by the High Court under section 302 r/w 149, I.P.C. and section 147, I.P.C. They are all sentenced to life imprisonment. In all nine persons were put up for trail before the Additional Sessions Judge, Monghyr. They included in the seven appellants, one Indradeo Singh and Babulal Singh. The Sessions Court convicted Indradeo Singh under section 302, I.P.C. and sentenced him to imprisonment for life. The other accused were all acquitted. Indradeo Singh appealed to the High Court against his conviction and sentence. The State also appealed against the acquittal of the remaining eight including Babulal. The High Court did not admit the appeal against Babulal but admitted the appeal against the appellants and after hearing, convicted the appellants as aforesaid. The appeal of Indradeo Singh was dismissed. The seven appellants and Indradeo Singh applied for special leave to this court. Leave was granted to the appellants only.

2. The incident out of which the case arises took place at about 1.00 P.M. on Sunday the October 4, 1964 in the village Belchi within the jurisdiction of Halsi Police S