Judgment

S.R. PANDIAN :- The appellant-Dayal has preferred these criminal appeals challenging the correctness of the common judgment rendered by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos. 1044/77 and 272/78 dismissing the earlier one and allowing the latter appeal; both arising out of the same incident. The facts of the case briefly stated are as follows :

The appellant, his brother Sonelal and his uncles son, Dhooman Singh took their trial on an indictment that on 1-3-77 at 7-00 p.m. they all in furtherance of their common intentions caused the death of the deceased Bhikam by attacking him with lethal weapons by the appellant. According to the prosecution, one Bhura, and Sonelal and by kicking and fisting by Dhooman Singh the brother of the Appellant-Dayal came to the house of PW 6 in a drunken mood. PW 6 reported this matter to Emanlal, father of the accused Dhooman. Thereafter, Bhikam was brought to the house of Emanlal. Within few hours, Bhura died. PW 6 on hearing that Bhura had died came to PW 6s house. All the three accused persons inclusive of the appellant and some others who had gathered suspected that PW 6 had administered liquor to Bhura. They q