Judgment

DESAI, J.:- The appellants in this appeal by special leave are original accused No. 1 Babboo alias Kalyandas, accused No. 3 Gopi son of Ubdha Maina, accused No. 5 Kamal son of Devi Ram Teli, and accused No. 7 Jawahar son of Devi Ram Teli, all of whom were convicted for having committed an offence under section 302 read with section 149 of the Indian Penal Code and each of them was sentenced to suffer imprisonment for life. They were also convicted for having committed an offence under section 148 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for two years by the learned II Additional Sessions Judge, Bhopal in Sessions Trial No. 16/74. Their Appeal No. 243/74 was summarily dismissed by the Madhya Pradesh High Court.

2. The appellants alongwith four others (acquitted by the Additional Sessions Judge) were tried for committing murder of one Diwan Singh on 21st September 1973. The prosecution case against them was that around 10 p.m. to 11 p.m. on the date of occurrence Diwan Singh was at his house, relaxing on a cot, after taking his food. His wife Phoola Bai (P. W. 6) was sitting on the cot. At about that time, accused No. 8 Mohandas a