JUDGMENT

K. JAYACHANDRA REDDY, J.:—There are six appellants. They along with one Khaman were tried for the offences punishable under Sections 148 and 302, I.P.C. for committing the murder of Chandra Shekhar and his brother Kamal Kishore. The trial Court convicted the appellants herein and sentenced each of them to undergo two years R.I. and life imprisonment respectively. The trial Court, however, acquitted Khaman as his name was not mentioned in the dying declarations. The appeal filed by the appellants was dismissed by the High Court. Hence the present appeal.

2. The prosecution case is that all the accused, the two deceased and the material witnesses P.Ws 1 to 5 belong to Village Gidpuri in Bilaspur District. There are two residential colonies called Mahal No. 1 and Mahal No. 2. The distance between the two Mahals is about a furlong or two. The two deceased persons were the sons of P.W. 1 Bhagwati Prasad who lives in Mahal No. 2. The appellants live in Mahal No. 1. The appellants were breeding cattle. A week before the day of occurrence, the cattle belonging to Khaman, the acquitted accused, trespassed into the field of P.W. 1. Chandra Shekhar, one of the deceased persons, wanted