Judgement

IMAM J. - The appellants were granted special leave to appeal by this Court against the decision of the Allahabad High Court upholding their convictions under Ss. 302 read with S. 149, 449 read with Ss. 149 and 147, Indian Penal Code, and the conviction of the appellant Sheo Ram under S.323, Indian Penal Code. So far as the sentence is concerned, the High Court affirmed the sentence of death passed by the Sessions Judge on the appellant Brij Bhukhan but reduced the sentence of death in respect of other appellants to transportation for life.

2. that the deceased Ram Prasad was killed in an incident at village Churyani on the 14th of September, 1954, at about 5 to 5.30 p.m. admits of no doubt. According to the version of the prosecution, Ram Prasad had gone to Fatehpur in connection with a revenue case, having left at about 8 o clock in the morning and was due to return to his village Churyani at 5 or 5-30 p.m. His son Santosh Kumar had also gone to Fatehpur in the morning to attend his college and the arrangement between father and son was that they would return together in the evening by bus and Santosh Kumar was to meet his father at the bus stand. Ram Prasad had instruct