Judgment

BAHARUL ISLAM, J.:- These four Criminal Appeals are by special leave. Criminal Appeal No. 175 of 1974 is by the four appellants - Maqsoodan, Madan Mohan, Prayagnath and Nando who have been convicted under Sections 302/34 and 307/34 Penal Code.

2. The material facts may be briefly stated as follows :

On 8-6-1972 at about 5-45 or 6-00 a. m., when Sulley (P. W. 1) along with his brother, Jadon (deceased), his son, Rajendra (C. W. 1) and his nephew Vijai Kumar (P. W. 3) were going from their house in Neem. Gali, Mathura, to their Dharamshala in Mohalla Bengali Ghat, via Vishram Ghat and reached the area called Shyam Ghat, they were waylaid by the twelve persons accused in the case and were assaulted, According to the prosecution, the accused persons were variously armed with Ballams, Pharsas and lathis. Another group of twelve or thirteen persons who were associates of the accused was standing at Vishram Ghat and someone was constantly inciting the accused persons with the expression, "kill, kill" whereupon the accused persons attacked and assaulted Jadon, Vijay Kumar, Rajendra and Sulley. Jadon and P. W. 3 were severely injured. The condition of Jadon was very precarious. After