JUDGMENT

Davis, J C - The appellant in this case is one Allahwarayo, son of Daryakhan, and he has been convicted by the Third Additional Sessions Judge of Hyderabad of the murder of one Bhaikhan and sentenced to transportation for life. The case of the prosecution is that Hayat, the son of the murdered man Bhaikhan, was on terms of intimacy with Changi, the sister of the appellant, and he at her request took her away and concealed her in the jungle. On the intervention of good men however Changi was restored to her relations but feeling between the two parties was bad. A few days before the offence Daryakhan, the appellant, his son, and Bachal, a cousin, waited for Hayat and his companion Sain Bakhsh as they returned from grazing goats, and Hayat only saved himself by taking refuge in a mosque. Bhaikhan, the murdered man, therefore forbade Hayat to take his goats in the jungle and took them himself. One Iso was grazing his goats near by and he was following his goats when he heard cries of "murder, murder" and saw the appellant and his cousin Bachal striking Bhaikhan with an axe and a lorh. Bhaikhan had a hatchet and struck Bachal in self-defence, but the appellant and Bachal killed