JUDGMENT

FATHIMA BEEVI, J.:—This appeal by special leave is directed against the judgment of the High Court of Madhya Pradesh confirming the conviction of the appellants for the offences under Sections 147 and 302 /149, I.P.C and sentenced to undergo imprisonment for life. The appellants and four persons acquitted by the trial court were tried for the murder of one Hanuwa. The prosecution allged that motivated by group rivalry the accused persons attacked Hanuwa with tabbals and lathis on July 11, 1975 at about 8:30 am . The occurance happened on the track accross the feild leading to village Mungeli . Hanuwa accompanied by his mother Baiyanbai and sister Brijbai was on his way to Mungeli to supply milk. When he reached Bhatora near Nayagaon village, the accused persons advanced towards him and mounted the attack. As a result of the injuries sustained , Hanuwa died on the spot. When Baiyanbai tried to intervene, she too was assaulted . Baiyanbai lodged the first information report at 12.00 noon the same day against the appellants and others who were finally charge-sheeted.

2. Baiyanbai (PW-1) and Birjhbai (PW-5) were the two eye-witnesses who unfolded the prosecution case. Mangal (