Judgment

JASWANT SINGH, J.:- this criminal appeal by certificate is directed against the judgment and order dated Dec. 6/7, 1972 of the High Court of Gujarat at Ahmedabad convicting the appellants under S. 202 of the Indian Penal Code and sentencing them to rigorous imprisonment for six months and a fine of Rupees 1,000/-.

2. Shorn of details, the case as put forth by the prosecution was: one Rayab Nathu Sumera was murdered at Jamnagar on the evening of Oct. 20, 1970. The incident resulting in the death of the said Rayab Nathu Sumera was alleged to have been witnessed by Bhagwanji son of jesangji, a resident of Khodiyar Colony, Jamnagar. The first information report with regard to the commission of murder of Rayab Nathu Sumera was laid at the B Division Police Station, Jamnagar, by one Abu Hussein. On the basis of this information, a case under S. 302 of the Indian Penal Code was registered at the said Police Station and investigation of the crime was entrusted to Shermohmad Makarani, Sub Inspector of Police, who deputed Harish- chandrasing Sajjansing Rathod, Probationary S.I. attached to the police station and Chanduji Jethiji, Head Constable attached to the police station but on th