JUDGMENT

1. Bhag Singh and Mengha Singh have been convicted by the Sessions Judge of Ferozepore of the murder of Bogi in the village of Manonke on the 25th April 1922 and have been sentenced to death. They have filed a joint appeal to this Court through Dr. Nand Lal, Advocate, and the case is also before us for con firmation of the sentences under Section 374, Criminal Procedure Code.

2. The facts as disclosed by the evidence for the prosecution are extremely simple and are briefly to the effect that shortly after sunset on the 25th April last, after Bogi had come out of the house of Musammat Har Devi, P.W. No, 12, he was pursued by the two appellants and Har Chand Singh and Indar Singh, who are said to be absconding, through the village street. The pursuing party are said to have been armed with chhavis with the exception of Mengha Singh who had a gandhali. Bogi ran into the verandah of Kala Singh's house and there was set upon by his pursuers who inflicted numerous injuries upon him with their weapons and then dragged him out into the lane. It is suggested that they intended to remove the body but owing to the arrival of Harnam Singh, P.W. No. 8, and other villagers, they were unable to do this and left the body on the spot. Direct evidence of the murder has been given by Kala Singh, P, W. No. 6 and his mother, Musammat Indan, P.W. No. 7 a very old woman whose age is shown on the record as 90 years. In addition to, their evidence there is that of Harnam Singh, P.W. No. 8, who deposes that when he arrived upon hearing the alarm the four alleged murderers were dragging Bogi's body out of the door of Kala Singh's house. Then there is the evidence of Musammat Har Devi, who says she saw and recognized Bogi's pursuers, and of Maghi, P.W. No. 13, who also recognized them while he was coming along the village lane.

3. In addition there is the evidence as to motive. Some four or five years ago the son of Arjan Singh, P.W. No. 9, was drowned; certain persons including Har Chan J Singh, absconder, were suspected of having murdered him and a case was brought against them but they were discharged. This admittedly resulted in enmity between Har Chand Singh and Arjan Singh, and Bogi is proved to be a partisan of Arjan Singh. It should be noted that Blog Singh and Har Chand Singh are brothers and Mengha Singh and Indar Singh are brochers. Bhag Singh and Har Chand Singh are also first cousins of the other two. Again there is evidence of quarrels between Bogi and the appellants. The most recent quarrel occurred on account of the drawing of water from a well in the village by o'ne Chanan Mehra. The appellant's party would not allow him to draw water whereas Bogi insisted that he should be allowed to do so. The first of these quarrels took place two days before the occurrence and there was a second on the afternoon immediately preceding the murder. The witnesses who have given evidence as to these are detailed in the judgment at page 27 of the printed record. Now, id must be admitted that these quarrels were not very serious and one would not expect them to furnish motive for a murder, but the question of adequacy of motive is not a matter of much importance if the evidence against the appellants that they committed the murder is clear.

4. Dr. Nand Lal in arguing the case commented upon certain discrepancies existing in the evidence of Kala Singh and Musammat Indan. These are referred to at length in the judgment of the learned Sessions Judge. We have carefully considered them and are of opinion that they are not at all material. Against Kala Singh it is objected that he is heavily in debt to Arjan Singh who is admittedly inimical to the appellants and it is urged that this is a sufficient motive for him to give false exidence against them. We do not think that this fact is in itself a sufficient ground for rejecting his evidence. It is conclusively proved by the evidence for the prosecution and by the presence of marks of blood in Kala Singh's hou