Anwar Ahmad, J.

1. All the ten appellants, out of whom Ram Naik Ram (appellant No. 3) is reported to be dead, have been convicted under Sec.302 read with Sec.149 of the Indian Penal Code, and each of them has been awarded a sentence of rigorous imprisonment for life. Appellants Ram Parvesh Ram, Bilash Ram and Dasrath Ram have further been convicted under Sec.148 of the Indian Penal Code, and each of them has been sentenced to undergo rigorous imprisonment for a period of three years thereunder. Appellants Ram Naik Ram, Kabilash Ram, Pujan Ram, Sahdeo Ram, Mahadeo Ram, Horil Ram and Mahima Ram have further been convicted under Sec.147 of the Indian Penal Code, and each of them has been sentenced to suffer rigorous imprisonment for a period of one year under that count. The sentences awarded to the appellants are to run concurrently. Appellant Ram Parvesh Ram, who was charged under Sec.302 of the Indian Penal Code also, has been acquitted of that charge.

2. (a) The case of the prosecution is that, on the 2nd May, 1962, at about 7 p.m., Sajiwan (P. W. 6), son of Hanuman (deceased), and Subhas, son of appellant Ram Parvesh Ram, were quarrelling. Hearing the cries of Sajiwan (P.