Judgment

KHANNA, J.:- Shri Kishun, Ram Bali, Jai Shri and Jattan were convicted by learned Sessions Judge Ballia under section 302 read with section 34 Indian Penal Code for causing the death of Seru (aged 45) and under S. 323 read with section 34 Indian Penal Code for causing injuries to Sadaphal (PW 2), and were sentenced to undergo imprisonment for life on the former count and rigorous imprisonment for a period of one year on the latter court. The sentences in the case of each accused were ordered to run concurrently. On appeal the High Court of Allahabad affirmed the order of the trial court. The four accused thereafter came to this Court by special leave. The leave was, however, limited to the question whether the offence disclosed was murder or culpable homicide not amounting to murder or some lesser offence.

2. Ram Bali and Jattan accused are brothers. Likewise, Shri Kishun and Jai Shri accused are brothers and are the nephews of Ram Bali and Jattan. The prosecution case is that on February 13, 1964 about half an hour before sunset Bhagwati (PW 3), who is aged about 11, and his sister s son Kolahal were playing gucchi (a game played with paisa) in the Khalihan of Shri Kishun a