JUDGMENT

GOSWAMI, J.:— This appeal by special leave at the instance of the State of Uttar Pradesh is against the judgment of acquittal of the High Court of Allahabad.

2. Balram, Ram Khelawan and Khuddi are three sons of one Ram Charan. The injured Vishwanath (P. W. 1), Shankar, Kankar and deceased Channu are sons of Balram. Accused Sheo Murat, Ram Kishun, Shobha and Motilal are sons of Ram Khelawan. Accused Shyam Lal is the son of accused Ram Kishnu, Shiv Nath (PW 2) and Jagan Nath are sons of Khuddi. Thus all of them have branched off form Ram Charan and all the members have got share in their ancestral house at village Bhiwanipur. In this ancestral house Viswanath, Kankar, Chhannu, Jagan Nath and accused Ram Kishnu along with his mother and married younger sister Bhagwantia resided. All other along with the rest of the four accused lived in a nearby separate house.

3. On March 18, 1969, certain quarrel ensued between Bhagwantia and Kankars wife of Patia. Vishwanath tried to pacify both the quarelling women. Since Bhagwantia did not heed Vishwanaths words, the latter gave her one or two slaps. Ram Kishnu and his brothers were not n the village on that day but learning about this incident on the following about this incident on the following day accused Sheo Murat, Ram Kishun, Shobba, Moti Lal and Shyam Lal went to Vishwanaths place at about 7.00 or 8.00 P.M. What followed may be described in the words of the injured Vishwanath;

"On the next day at 7 or 8 P.M. I was sitting at the door of my osara. My younger brothers, Kankar and Channu, were sitting at a short distance from me at the well. Sheonath, my counsin was also sitting near Kankar and Channu. A burning lantern was hanging from a bamboo pole outside the osara; and there was sufficient light from it. Ram Kishun, Shobha, Sheo Murat, Shyam Lal, and Moti, accused present in the court, came there. Ram Kishun asked from me as to why I had slapped Bhagwanta and that I should come out and settle up. I stood up and said, "Brother, what will you settle up." At this Ram Kishun instigated his companions saying. "Beat the salas". At once Shobha caught hold of my hand and Sheo Murat dealt knife blows to me. Channu, my younger brother, came to save me, whereupon Shyam Lal and Moti caught hold of him and Sheo Murat started giving knife-blows to him. On hearing their instigation, Ram Sohan, Phool Chand, Dukhi and others came over there and began to forbid them. Chhannu and I fell down on sustaining injuries. Then all the five accused persons ran away with the knife."

4. What has been stated above by Vishwanath has been repeated by Shiv Nath (PW 2), Hausla Prasad (PW 9), Phool Chand (PW 10) and Sohan (PW 13). The story given by these witnesses remains absolutely unshaken in the scanty cross-examination by the defence. Inded there was little or no cross-examination with regard to the incident itself.

5. Deceased Chhannu had the following external injuries on his person as stated by Dr. U.P. Singh who held the autopsy:

(1) Incised stab wound 3/4" x 1/3" on right side chest, 1" medial to right nipple, going into the chest cavity.

(2) Incised stab wound 1/2" x 1/4 x 1" to the right of left nipple and 1" below it, going into the chest cavity.

(3) Incised stab wound 1/2" x 1/4" x abdominal cavity deep, on lower part of right side abdomen.

(4) Incised stab wound 1/2" x 1/4" on lower part of abdomen, 3" above the joint of hip-bones.

(5) Incised stab wound 1/2" x 1/4" x 1.1/2" deep, on left hip.

(6) Incised stab wound 1/2" x 1/4" x chest cavity deep, on left side back 6" below scapula.

(7) Abrasion 1/2" x 1/2" on lateral aspect of right elbow.

(8) Abrasion 1/2" x 1/2" on lateral aspect of right hand.

Internal examination revealed that the cartilage of fifth rib had been cut under injury No. (2). There were punctured wounds in the chest cavity in relation to injury Nos. (1), (2) and (6). Right ventricle of heart had a punctured wound 1/4" x 1/4" and the pericardial cavity contained blood. The upper lobe of lef