Judgment

SINGH, J. :- This appeal is directed against the judgment of the Madhya Pradesh High Court dated 3-9-1986 setting aside the trial Courts order acquitting the appellants herein and convicting them for offence under S. 302 read with S. 34 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life.

2. The prosecution case in brief is that on 4-1-1982 Ram Pratap Singh deceased resident of village Kharoni P. S. Ajaigarh, District Panna had gone to Collectorate Panna to file reply to a show-cause notice issued to him for the cancellation of his gun licence. While he was at the Collectorate he noticed Om Prakash and Raghvendra who were enimical to him were shadowing him in the Collectorate. He requested Rajendra Singh P. W. 14, Chottey Bhaiya PW. 15, and Mohd. Tohid PW 16 to accompany him on his return journey as he sensed danger to his life. Ram Pratap Singh the deceased sent Tohid to purchase tickets for Bus with a direction that he should meet him at the Octroi Toll barrier on the Ajaigarh Road from where he proposed to take the Bus, thereafter the deceased along with Rajendra Singh, PW 14, and Chottey Bhaiya PW 15 proceeded on foot to Chungi Chowki, (