Shivdayal, J.-

1. The respondents, Kailash Chandra and Narendra Kumar, and two others (Sushir Kumar and Ratnam) were arrested on 16th March 1968 on the accusation that they had committed the murder of one Basant Kumar in the night intervening the 14th and 15th March 1968.

2. Case for the prosecution appears to be that Keshav, Sajandas, Hasmat Rai and Jadhav, while they were sitting and talking together, heard some sound as if some articles were being thrown from the terrace of their house where they had stocked fuel. Jadhav went to the terrace. He saw two persons there. They jumped away from the terrace on seeing him. He raised an alarm, Keshav, Sajandas and Hasmat Rai rushed to the public lane in front of their house. Jadhav also came down to join them. They found that some of their fuel had been thrown in the lane from the terrace and Sushir and Ratnam were trying to take it for being used in the “Holi” pyre nearabout. Sajandas forbade them and also threatened them to report the matter. They did not listen to him and retorted that they did not care for any report. Saj1ndas proceeded to make a report to the Police. Meanwhile, Basant Kumar arrived at the scene followed by Kiran