JUDGMENT

JUDGMENT:— Six persons were put up for trial for the murder of one Kamalsingh of village Khamkheda. The incident occurred on 11 th October, 1971 at about 6.00 p.m. when the deceased was returning to his village from his field with his cattle. While he was passing by Prabhus field, the latter abused him and asked him not to take his cattle by the side of his field. This led to the two grappling with each other and on seeing this his four brothers and father, Kanhaiya, went to his aid. They were armed with sticks and piranas. They belaboured the deceased to death there and then.

Out of the six persons put up for trial, the trial Court acquitted Kanhaiya and Sheocharan. Prabhu and his three brothers were, however, convicted under Section 302/34, I.P.C. and were sentenced to suffer rigorous imprisonment for life. The convicted accused preferred an appeal to the High Court. The High Court on a re-appreciation of the evidence of the prosecution witnesses upheld the conviction and sentence awarded to the said four persons by the trial Court. The convicted accused have, therefore approached this Court under Article 136 of the Constitution

2. The prosecution case rests on the oral te