R. C. SHRIVASTAVA, J.

( 1 ) IN Sessions Trial No. 105 of 1980 First Additional Sessions Judge, Morena, convicted and sentenced the appellants under S. 148 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years each and under S. 302 read with S. 149 of the Code for the murder of Sultansingh, Ramdayal, Savitribai, Karansingh and Lakhansingh and sentenced them the undergo imprisonment for life. The appellant No. 1 Ramvilas was further convicted under S. 307 and the remaining appellants under S. 107 read with S. 149 of the Code for attempt to murder Mst Gangadevi and sentenced to undergo rigorous imprisonment for 5 years each. All the sentences were ordered to run concurrently. Being aggrieved, they have come up in appeal.

( 2 ) THE appellants 3 and 4 namely Gourishankar and Ramdin, respectively, are real brothers, being sons of San wale, The appellants 1 and 2 namely Ramvilas and Mevaram, respectively, are sons of the appellants 4 and 3, respectively, Keshav and Sheonarayan are also sons of the appellant No. 3 while Kailashi is also a son of the appellant No. 4.

( 3 ) SIYARAM eldest brother of the appellants 3 and 4, had abducted Garsingh's (P. W. 11) mother with a daughter Chhoti about 30 years ago. In retaliation, about 15 years ago, Garsingh (P. W. 11) abducted daughter of the appellant No. 3 and, since then, she has been living with him as his wife. Garsingh (P. W. 11) had a distant uncle Fatehsingh, who was murdered by Siyaram about 15 years ago for which he was convicted and sentenced to death. The deceased Sultansingh was real brother of Garsingh (P. W. 11 ). ( 4 ) THE deceased Sultansingh used to live at village Jouha along with his wife Mst. Gangadevi (P. W. 7) daughter Savitri aged about 10 years and three sons namely Malkhansingh (P. W. 26) aged about 8 years, Karansingh a aged about 4 years and Lakhansingh aged about 1 years and an uncle Ramdayal. The appellants used to live in an adjoining village Bag-tila, where Keshav, Kailashi and Sheonarayan also lived.

( 5 ) THE prosecution case was that, on the morning of 24-12-1979, the appellants, Keshav, Kailashi and Sheonarayan constituted an unlawful assembly with the common object of murdering Sultansingh and all the members of his family. In prosecution of that common object, they killed Sultansingh the same fore- noon when he was on his way back from haveli where he had gone earlier in the morning for fetching wheat-husk. Then, the same afternoon, Keshav, Kailashi. Ramvilas (appellant No. 1) and Mevaram (appellant No. 2) reached his house. Keshav was armed with a gun, Kailashi with a spear and the appellants 1 and 2 with Farsas. On reaching there, they beat Sultansingh's uncle Ramdayal to death and the appellant No. 1 Ramvilas dealt a Farsa-blow unto Sultansingh's wife Mst Gangadevi (P. W. 7) in order to cause her death and told her that they had already killed her husband and that they would kill them all They also looted some articles from the house and, then forcibly took Mst. Gangadevi (P. W. 7) and her three children namely Savitri, Karansingh and Lakhansingh towards a spot known as Tari, at that time, Sheonarayan, who was standing outside the house, also accompanied them. He was armed with a gun. The appellants 3 and 4 namely Gourishankar and Ramdin were standing at that spot (Tari) armed with lathis. From that spot, all those assailants forcibly took Mst Gangadevi (P. W. 7) and those children to another spot known as Chhukariya-wali Tari situated at a distance of about 2 furlongs. At that spot, they attacked her and the children with intention to cause their deaths. The three children died on the spot due to the injuries inflicted upon them. Mst Gangadevi (P. W. 7) also sustained injuries. Then, the assailants left the spot mistaking that she was also dead. A villager Chhotaiya (P. W. 6) happened to come across her and he took her to her house. Thereafter, at 4. 30 p. m. , Gayaprasad (P. W. 1) gave information to police station Ambah

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