C.A. VAIDIALINGAM, J.

(1) IN these appeals by special leave, the appellants who are accused Nos. 2 to 4, challenge the judgment, dated 24/04/1968, of the Madhya Pradesh High court, confirming their conviction and sentence for an offence under S. 302, read with S. 34 of the Indian Penal Code.

(2) THE appellants, alongwith one Bamdeo were charged and tried under S. 302, read with S. 34 of the Indian Penal Code for committing the murder of one Surajkunwar on the morning of 24/08/1967, in furtherance of their common intention. The prosecution case was briefly as follows:

THE deceased Surajkunwar was the widow of one Durjan, brother of Bamdeo, accused No. 1. Accused No. 2 Yudhishtir is the son of Bamdeo. Rajkumar and Shivkumar accused Nos. 3 and 4 are the nephews of Bamdeo. On the death of Durjan, Surajkunwar had inherited as her husbands heir about 22 acres of land. Surajkunwar used to live in the house of Bamdeo, but as differences arose between accused No. I and Surajkunwar, she was having her mess separately in that house for about four years prior to her death. Bamdeo took possession of her lands. Though the deceased Surajkunwar protested against this conduct of a