Kallosingh was the son of the deceased while Mangal Singh was his nephew.
Hence the present appeal by the special leave obtained from this Court.
The appellants preferred an appeal against their companyviction and sentence but the appeal was dismissed by the High Court of Madhya Pradesh.
The prosecution also led the evidence of Phadali Singh.
Mangal Singh turned hostile and was allowed to be cross examined by the prosecution.
Kallo Singh, however, supported the prosecution case and in clear terms implicated the appellants in the companymission of the offence.
There were three eye witnesses to the incident, but out of them only two were examined, namely, Mangal Singh and Kallosingh.
Jhurre Singh and Sante Kotwar for the purpose of proving the dying declaration made by the deceased to the effect that the appellants had assaulted him with Kulhari and lathis.
This dying declaration was made by the deceased soon after the assault when these witnesses and others rushed to the scene of the offence in order to find out what had happened.
N. Bhagwati, J. The appellants were tried before the Additional Sessions Judge, Sagar for the offence under Section 302 of she Indian Penal Code.
The charge against the appellants was that they intentionally caused the death of one Mullu Singh inflicting injuries on him with Kulhari and lathis.
