( 1. ) IN this appeal, the fifteen appellants have challenged their convictions under sections 147 and 302/149 of the Indian Penal Code for which each of them was sentenced to undergo one years rigorous imprisonment and imprisonment for life respectively. Both the sentences have beers ordered to run concurrently.

( 2. ) IN this case the accused Arjun, Bhikham, Nanke and Parethan were not found guilty of the charges mentioned above and they were, therefore, acquitted. The State has not preferred an appeal against their acquittal.

( 3. ) THE prosecution case is this: The village Dabaha had two warring factions, one led by the family of the deceased Hanuwa and the other by the appellants. There have been reports against each other at the police station! in the last 2-3 years. On 11-7-1975 at about 8. 30 a. m. when the deceased Hanuwa accompanied by his mother and sister Baiyanbai and Birjhabai respectively was going to Mungeli situated at the distance of 4 miles from their village for supply of milk and reached Ghatora near Nayagaon Village, the appellants armed with lathis and Tabbals emerged out from hidings and attacked Hanuwa repeatedly with the result that he died then and there.

Baiyanbai (P. W. 1)while intervening also received a lathi stroke. Baiyanbai (P. W. 1) sent mst. Janki, daughter of Birjhabai (P. W. 5) to inform the village people. Thereafter, she went to the Mungeli police station and lodged the first information report (Ex. P-1) at 12 noon the same day.

( 4. ) AN inquest was held over the dead body of Hanuwa as per Pancha nama, Ex. P-6. Dr. Keshwani (P. W. 20) performed the post-mortem examination and as per report Ex. P. 26, found seven external injuries on his person situated on occipital region of scalp, right upper area, scapular region etc. On internal examination, the following injuries were noticed :

(i) Depressed fractures of right parietal bone and right side of occipital bone were present. Parietal bone was broken into multiple pieces. These injuries correspond t6 the external injuries Nos. 1 and 2.

(ii) Tear of right parietal lobe of the brain along with its membranes was present. The arteries supplying right parietal lobe were also torn. This corresponds to injury No. 2 (external injury No. 2 ).

(iii) Tear of right side of occipital lobe of the brain along with its membranes was present. Arteries supplying were also torn. This corresponds to external injury No. 1. Dr. Keshwani opined that the death took place due to shock as a result of excessive haemoirhage. The injuries were ante mortem in character and were caused within 24 hours of the post mortem examination. The injuries could be caused by a sharp pointed object and a hard and blunt object. Injuries Nos. 1 and 2 were sufficient individually to cause the death in the ordinary course of nature. All the injuries cumulatively were sufficient in the ordinary course of nature to cause the death.

( 5. ) DR. Keshwani (P. W. 20) examined Baiyanbai (P. W. 1) and as per report Ex. P-30a, found an incised wound in between right thumb and right index finger which could be caused by a hard and sharp object.

( 6. ) A number of seizures were made from the spot and also from the appellants as per seizure memoranda Exs. P-7 to P-l5 which included earth, articles lying on the spot, lathis, tabbals and clothes.

( 7. ) THE reports of the Chemical Examiner (Ex. P-33) and the Serologist (Ex. P-34) show that none of these articles were found stained with human blood. ( 8. ) THE appellants abjured their guilt and pleaded false implication due to long standing enmity. They further contended that the prosecution has deliberately corrected the time of incident from 11. 30 a. m. to 8. 30 a. m. because they had gone to Bilaspur to attend the Court and were present there after 11 a. m.

( 9. ) SHRI Rajendrasingh, counsel for the appellants, did not dispute that hanuwa was dead and that his death was homicidal. In fact, besides the evidence of the mother (P. W. 1) and sister