Judgement

JAGANNADHADAS J. This is an appeal by special leave from the judgment of the High Court at Allahabad. The sole appellant before us has been convicted by the Sessions Court under Ss. 148, 307 and 302, Penal code, and sentenced to rigorous imprisonment for two and a half years under S. 148, to transportation for life under S. 307, and to death under S. 302. These convictions and sentences have been confirmed by the High Court. At the trial there were 19 other accused along with this appellant. All of them were convicted and sentenced by the trial court under various sections of the Indian Penal Code. On appeal ten out of them were acquitted by the High Court. In respect of the remaining nine besides this appellant, the convictions and sentences were partially modified. But this appeal is not concerned with them.

The incident in the course of which these offends are said to have been committed took place in the evening of 4-11-1953, shortly before sunset in a village called Sonari in the district Fatehpur, Uttar Pradesh. During that incident two persons, Bisheshwar and Surajdin, are alleged to have received gun-shot wounds. Bisheshwar survived but Surajdin died on the spot. Th