JUDGMENT

Delay condoned. These two appeals arise out of the judgment of the Madhya Pradesh High Court. The appellants in both. these appeals were convicted by the Sessions Court under S. 302, IPC read with S. 34, IPC and their appeals were dismissed by the High Court. The prosecution case is as follows. Both the accused are brothers and are labourers. The deceased lived in the neighbourhood. P.W.1 is his widow, P.W. 3 is his daughter and P.W. 17 is his son. On 29-9-1977 about 6-7 p.m. a quarrel took place between the son of P.W. 1 and the deceased and the sons of appellant Jagpati over drawing water. Some people present there intervened and thereafter the appellant, Jagpati and his brother, Ram Krishna, the other appellant came back armed with Balli, a ringed stick and Danda, an ordinary stick and it is alleged that they assaulted the deceased, Balkrishna. He received two injuries on the head and some bruises on the other parts of the body. P.W. 1, wife, lodged a report at Chashai Outpost. The case was registered under S. 307, IPC. The injured was taken to the hospital. He died on the next day. An inquest was held and the dead body was sent for post-mortem. Dr. Mishra, P.W. 16 cond