Judgment

J. L. KAPUR, J. : These are two appeals which arise out of the same judgment and order of the High Court at Allahabad and involve a common question of law. Appellants Tej Singh and Mizaji are father and son, Subedar is a nephew of Tej Singh, Machal is Tej Singh s cousin and Maiku was a servant of Tej Singh. They were all convicted under S. 302 read with S. 149 of the Indian Penal Code and except Mizaji who was sentenced to death, they were all sentenced to imprisonment for life. They were also convicted of the offence of rioting and because Tej Singh and Mizaji were armed with a spear and a pistol respectively, they were convicted under S. 148 of the Indian Penal Code and sentenced to three years rigorous imprisonment and the rest who were armed with lathis were convicted under S. 147 of the Indian Penal Code and sentenced to two years rigorous imprisonment. All the sentences were to run concurrently but Mizaji s term of imprisonment was to come to an end after "he is hanged". Against this order of conviction the appellants took an appeal to the High Court and both their convictions and sentences were confirmed.

2. The offence for which the appellants were convicted was co