N.P. Singh ORDER
A.S. Anand, J.
1. Eight persons, namely, Basti Ram, Samander, Hanuman, Chunnilal, Dhyala, Harnath, Sultan and Godu Ram were prosecuted for offences under Sections 302 and 201, I.P.C. They were tried by the learned Sessions Judge who convicted Basti Ram and Hanuman under Section 302, I.P.C. and sentenced each one of them to suffer imprisonment for life. Samander and Dhyala were convicted for offence under Section 201, I.P.C. and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 200/ - each and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. The remaining four accused, namely, Harnath, Sultan, Godu Ram and Chunnilal were acquitted.
2. Basti Ram, Hanuman, Samander and Dhyala filed an appeal challenging their conviction and sentence while the State of Rajasthan filed an appeal against the acquittal of Samander for the offence under Section 302, I.P.C. and Harnath, Sultan, Godu Ram and Chunnilal for their acquittal for this offence under Section 201, I.P.C. The High Court vide judgment dated 12-5-1983, set aside the conviction of Basti Ram and Hanuman for an offence under Section 302, I.P.C. Hanuman was, however, convicted for an offence under Section 201, I.P.C. and sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 200/- and in default to suffer further rigorous imprisonment for six months. The conviction of Samander and Dhyala for the offence under Section 201, I.P.C. and the sentence imposed upon them for the said offence was also affirmed by the High Court. The convicts are before us in appeal by special leave against their conviction and sentence.
3. In short the prosecution case is that Uda Ram had no son and had only two daughters, namely Bhuji and Sharbati. Basti Ram, who stands acquitted by the High Court is the son of Bhuji while Chandgi Ram deceased was the son of Sharbarti. It was shortly after the death of Uda Ram that disputes arose between Basti Ram and Chandgi Ram regarding the lands of Uda Ram. On account of these disputes, some criminal litigation started between the parties and a case under Section 307, I.P.C. was registered against Chandgi Ram which was pending disposal on the date of occurrence. Chandgi Ram on account of the strained relations, left the village Bharonda and started living in village Bugala. Basti Ram, however, continued to stay at village Bharonda where the lands of Uda Ram were situated. On the festival of TEEJ which falls on 12-8-1972 Basti Ram came to village Bugala and he along with Samander and Hanuman called Chandgi Ram in the evening to his CHHAPPAR. The parties discussed about the division of lands. Chandgi Ram was later on sent for by his wife and mother to have his meals and he returned to his KOTHA for having his meals and told his wife and others about the discussion with Basti Ram. After taking his meals Chandgi Ram retired to his KOTHA where he was to sleep alone. His mother Smt. Sharbati PW 14, his wife Smt. Ramkauri, PW 7 and his sister Manbhari, PW 11 along with his other brother Khyali, slept in the........