JUDGMENT :— On the allegation of the commission of the Murder with rioting and other cognate offences punishable uner the Indian Penal Code, the appellants in these two appeals and some other accused persons who have since been acquitted were put on trial . The occurrence took place within a house and PW 1 was the only eye-witness. The trial Court convicted five persons for offences punishable under S.302/149, I.P.C. and other offences which are not relevant to be stated here while acquitting others. The convicted accused preferred an appeal to the High Court. The state of Madhya Pradesh carried an appeal to the High Court dismissed the appeal of the convicted accused person and reversed the acquittal of three persons and convicted them also in the manner as the Sessions Judge had done in respect of the five. Thus there are two appeals before us - one by those who had been acquitted by the trial Judge and have been since convicted by the High Court and the other by the accused persons who have been convicted in the trial Court whose appeal has been dismissed by the High Court.

2. We have also looked in the judgments and have also heard learned counsel for the parties. PW 1 has appar