Judgement

PALEKAR, J.:- This is an appeal from an Order of conviction and sentence passed by the High Court of Madhya Pradesh reversing the acquittal recorded by the learned Additional Sessions Judge, Raigarh. The appellant have been convicted for the offence of murder under Section 302 - IPC and sentenced to imprisonment for life.

2. The appellants who were about 16 or 17 years old at the time of the offence were students living in a room next door to the Police Station at Shajapur. Appellant no. 1 Gopalsingh is the son of Umraosingh and appellant no. 2 Dulesingh is the son of Bapusingh. Umraosingh and Bapusingh who are brothers were living in village Jaiheda about two or three miles away from Shajapur. The deceased Modsingh was an elderly man about 60 year old and he lived in village Baiheda. Baiheda is about four miles from Shajapur and to the North of Jaiheda.

3. The deceased Modsingh had gone to Shajapur on 9-1-1966 as it was a market day. He was returning by the main road which connected Baiheda and Shajapur and when he was in the jungle portion of the track near Jaiheda he was attacked, according to the prosecution, by four persons with knives and daggers. The time of attack wa