[1] In this case referred to this Full Bench, doubt has been expressed on the , ruling reported in - 'State v. Dopak 'Lachmi-narsia' 29 Deccan LR 105 (A); and the Division Bench thought that it may create misunderstanding regarding the Jaw as laid down therein.

[2] The facts of the case in brief are that on the 4th 9f Ardibehisht 1358F. at about 8 or 9 in the night, the accused are alleged to have murdered one Bhima by inflicting injuries with stones and sticks. The F. I. R was issued on the very day and reached the court on 6th Ardibehisht 1358F. The Police Patel reported the incident on the very day. The names of both the accused are mentioned in the F. I. R. The inquest report was drawn up on the 5th.

Before the Sessions Judge, five witnesses were produced on behalf of the prosecution. P. W. 1 Rakma Bai is the mother of the deceased. She has been produced as an heir. P. W. 2 Ramia and P. W. 3 Pandit Rao are the eye-witnesses. Both of them state that they saw the accused inflicting injuries on the deceased from a very near distance, Ramia P. W. 3 states, that the accused Hullia struck with a stone the deceased and another stone hit by him struck on the face of the dece