Dutt, J.—These are four appeals by four convicts, No, 32 of 1950 by Sheo Dan, No. 33 of 1950 by Ram Dan, No. 34 of 1950 by Bahadar Dan, and No. 3.5 of 1950 by Hetu Dan, arising out of the same judgment delivered in a murder case on the 5th of April 1950, by the learned Sessions Judge, Nagour. All the four appellants were convicted and sentenced to rigorous imprisonment for life under section 302 M.P.C., for causing the death of Ganesh Dan, and to one years rigorous imprisonment under section 148 M.P.C. In addition to the above mentioned sentences, Sheo Dan appellant was further convicted and sentenced to seven years rigorous imprisonment under section 304 Part (2) for causing the death of Kalyan, and Bahadar Dan appellant was further convicted and sentenced to one years rigorous imprisonment for causing injuries to Fateh Dan.

2. The occurrence took place on the morning of the 7th of December 1948 in front of the main gate of the Raoli Pole, situated in the village of Tokarla. According to the story, as related by the prosecution witnesses, Ganesh Dan deceased and Kalyan Dan deceased, along with Fateh Dan, P.W. 6, and Jagannath Brahmin P.W. 8 were sitting on a Chabutri of the common fire place, just adjacent to the main gate of the Pole, inside which the houses of both the deceased are situated. Ganesh Dan was cleaning his teeth with a datoon. Mst. Kalyan Kanwar P.W. 16, Ganesh Dans daughters daughter, came out of the Pole and requested her maternal grand father to come to the he use and take his tea. Ganesh Dan asked her to wait so that he may finish with his datoon. After a few minutes she again asked Ganesh Dan to make haste. In the meantime, while she was pressing him to come to the house, all the four appellants, along with four others, Manohar Dan S/o Sumer Dan, Kan Dan S/o Mahesh Dan, Gurnan Dan S/o Pusa Dan and Badri Dan S/o Lal Dan, heavily armed with unsheathed swords in their hands, emerged from a lane just adjacent to (the Pole. No sooner these eight persons reached the spot, they began to strike blows with swords in their hands, on Ganesh Dan. Ganesh Dan tried to run away from the place, but he was over-powered by the assailants, was brought to the ground, and was very badly injured by the simultaneous sword blows given by all of them. Kalyan Dan and Fateh Dan rushed to rescue Ganesh Dan,but they were also attacked by the assailants, and were given severe sword cuts, as a result of which Kalyan Dans hand wan cut off and severed from his fore-arm; The assailants then ran away from the place of occurrence to their houses.

3. It is, more or less, admitted by both the parties, that there were two hostile camps at Tokarla, and that both the deceased and all the assailants, belong to the opposite camps. Although some litigation civil and criminal, was going on between the parties since a pretty long time, but the immediate cause, that annoyed and prompted the assailants to commit the offence, was the help given by Ganesh Dan deceased, to Bhura Ganchi P.W. 1, against Ram Dan convict, in the prosecution of the latter for an indecent assault committed by him on the niece of the former. It is stated by the prosecution witnesses that about twenty days before the occurrence, the above mentioned indecent assault was committed, and Ganesh Dan, in order to take his enemies, prompted Bhura to report the matter to the police, and he himself actually accompanied Bhura to the police station for lodging the report, the result of which was that Ram Dan was arrested by the police and challaned for the offence of outraging the modesty of the girl. Ram Dan was admitted to bail by the Magistrate and only one or two days after his admission to bail, the present occurrence took place.

4. About half an hour after the occurrence, Bhura Ganchi P.W. 1 and Badri Dan s/o Fateh Dan were sent by Ajit Dan P.W. 10 to the Police Station at Magartalao, to lodge the report of the incident. Ajit Dan is the brother of Ganesh Dan, who reached the spot just aft

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