JUDGMENT

R. S. SARKARIA, J.:— This appeal is directed against a judgment of the High Court of Madhya Pradesh 990 converting, on appeal by the State, the acquittal of the appellants into conviction. It arises out of these circumstances.

2. There were two opposing factions of Ahirs in village Gurha Police Station Harpalpur, District Chhatarpur. One faction was led by Gulab deceased and the other by the accused. There was bad blood between the two factions. Their relations were strained. Both the factions were proceeded against under Section 107, Cr. P. C. Even on the day of occurrence, which took place on 21-2-1967, a criminal case under Sections 324, 147, Penal Code was pending against Gulab and his partymen.

3. On 21-2-1967 in the morning. Gulab was grazing his goats at the village Tank. At about 10 or 11 a. m. the appellants Muluwa, Nathu alias Siyawaniwala, Mannual and the acquitted accused, Ramdas, Mohan, Kandu, Gangaram and Ramesahai (excepting Bihari and Laxmi Prasad) were seen proceeding to the place where the deceased was. They were proclaiming that they would kill Gulab at all costs and would see to him who dared intervene. Mannulal was armed with a Barchhi, and the rest with