Judgment

BHAGWATI, J.:- This appeal, by special leave, arises out of a judgment of the High Court of Madhya Pradesh. Twenty-three persons were prosecuted in the Court of the Third Additional Sessions Judge, Bhopal on various charges under Section 147 and Section 302 read with Section 149 of the Indian Penal Code. Out of these twenty-three persons, seventeen, including Than Singh and Bhawani, were acquitted by the Sessions Court, of the remaining six Pyare was convicted under Sections 302 and 147 and sentenced to rigorous imprisonment for life for the former offence and two years rigorous imprisonment for the latter, both sentences being directed to run concurrently. The remaining five, namely, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram were found guilty only under S. 147 and sentenced to rigorous imprisonment for two years. Being aggrieved by the order of conviction and sentence, Pyare, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram preferred Criminal Appeal No. 672 of 1967 anal the State of Madhya Pradesh also preferred Criminal Appeal No. 777 of 1967 against the acquittal of Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram under Section 302 read with Section 149 and the acquittal of Than Singh and Bhawani under Section 147 as well as Section 302 read with Section 149. The appeal of Pyare was partly allowed and his conviction was altered to one under Section 304, Part II and sentence reduced to a term of seven years rigorous imprisonment, while the appeal of the other accused was rejected. The appeal of the State was accepted and Mehtab Singh, Ram Singh, Sukhram, Maniram, Nandram, Than Singh and Bhawani were convicted under Section 147 and Section 304, Part II read with Section 149 and while maintaining the sentence under Section 147, the High Court directed that Mehtab Singh should be sentenced to rigorous imprisonment for five years, while each of the other accused should suffer rigorous imprisonment for three years. Pyare accepted the judgment of the High Court, but Mehtab Singh, Ram Singh, Sukhram, Maniram, Nandram, Than Singh and Bhawani preferred the present appeal with special leaves obtained from this Court

2. The incident out of which the present appeal arises took place in the evening at about 6 p. m. on 27th March, 1967 in a village called Khajuri Kalan in the State of Madhya Pradesh. That day was the second day after Holi-what the witnesses have called Dooj of Holi. There were admittedly two factions in this village, one of Thakurs led by Mehtab Singh and the other of Chamars led by Ram Singh and there was animosity between these two factions. The prosecution case was that at about 6 p. m. in the evening Halku, Nanoo (P. W. 4), Misri (P. W. 11), Somat and some other chamars were sitting on a slightly raised ground in front of Halku s hut when all the twenty-three accused, including the appellants, came from the direction of the temple. Mehtab Singh and Than Singh started abusing the Chamars and shouted "Chamars, let us finally settle the score". Mithulal (P. W. 1), who belonged to the faction of the Chamars and was sitting there with Halku and others, entreated the accused with folded hands but that had no effect and Mehtab Singh, Than Singh and others started pelting stones at the Chamars. Misri (P. W. 11) was injured by one of the stones pelted by Mehtab Singh. In the meantime, the accused picked up sticks and farsas from the hut of Jagannath for attacking the Chamars and on seeing this the Chamars ran to their houses. Halku, Nanoo and Mithulal took shelter in a room in the hut of Halku and Prembai wife of Halku locked the room from outside. Mehtab Singh, Ram Singh, Pyare and some of the other accused, however, broke open the lock and Ram Singh, Pyare, Sukhram, Maniram and Nandram entered the room and dragged out Halku, Nanoo (P. W. 4) and Mithulal (P. W. 1). The other accused were at that time standing in the courtyard. Mehtab Singh then gave a knife blow on the neck of Halku and Pyare pick