P. Jaganmohan, Reddy, J. - (1.) The Sessions Judge of Indore acquitted all the seven accused who were charged with the murder of one Sobal Singh. In an appeal by the State, the High Court while maintaining the acquittal of five of them viz. Jinnatbai, Gaburia, Ismail, Sardar and Bashir, reversed it in respect of Sohrab and Nadar, whom he convicted under Section 302-34 and sentenced each of them to life imprisonment. Thy were also convicted under S. 25-A of the Arms Act and each of them was sentenced to one year's rigorous imprisonment. The sentences were directed to run concurrently. This appeal is by certificate against the said convictions and sentences.
(2.) The prosecution case is that there was a strained relationship between the accused and the deceased inasmuch as in December, 1963, one Kudrat, the husband of Jinnatbai, was murdered and for that murder, Sobal singh, the deceased, was prosecuted along with another person, but they were acquitted. It is alleged that on the morning of 26th February, 1966 all the seven accused started from the house of Sohrab. Jinnatbai with her little son and Nadar went in a Chhakda driven by Gaburia. Ismail, Bashir and Sardar were on bicycles and Sohrab was riding a mare and was carrying unlicensed revolver with him. At the time when they left, it also appears that Jinnatbai handed to Nadar an unlicensed gun which he kept in the Chhakda. It is further alleged that shortly before the departure of the accused persons, Sobal Singh left Solsindhi for Sanwar on foot accompanied by one Chhogia and were closely followed by Madho Singh, Kishandas, Kana and Bhawar Singh in a Chhakda. Near the Village Maharajganj, the accused persons were alleged to have overtaken the two groups of persons and went further ahead. Then Sohrab turned his mare round and began to chase Sobalsing across the fields which lie within the boundaries of Mouza Ranwar. Chofia however ran away. It is the prosecution case that in the course of the chase Sohrab fired at Sobal Singh several times with his revolver and at one point caught him by the shirt which came off. Sohrab threw away that shirt and continued to chase the deceased a little farther after which he dismounted the mare. Just then Nadar came running with a double-barrelled shot-gun which he handed to Sohrab and caught hold of sobhalsingh. Sohrab is then alleged to have fired the gun at Sobalsingh as a result of which both Sobalsingh and Nadar fell down. Nadar, however, got up and thereafter Sohrab again fired at Sobalsingh who was lying on the ground, face up. Just at that time Bashir and Sardar came running to the spot and struck Sobalsingh with knives. It is said that as a result of the cumulative effect of firing by Sohrab and stabbing by Bashir and Sardar, Sobalsingh died on the spot, after which Sohrab, Nadar, Bashir and Sardar went upto the Chhakda, and on Jinnatbai asking whether the man was dead or alive, she was told that he had been finished and Kudarat avenged.
(3.) Within an hour of the incident, the deceased's father, Madho Singh, who himself claim to be an eye witness, made a report at the Police Station, Sanwar, which is only a mile and half from the scene of the occurrence. After recording the information an F. I. R. was issued. The Police reached the spot where the body of Sobalsingh was lying and from that place and the fields in the vicinity seized several articles, including used and unused ammunition of shotgun and revolver a shirt and stirrup with a piece of its strap which was detached from the saddle.;