Judgment

RAGHUBAR DAYAL, J. : Banwari and Ram Charan appeal, by special leave, against the order of the Allahabad High Court dismissing their appeal and confirming their conviction by the II Additional Sessions Judge, Etawah, Banwari was convicted of the offences under S. 302, I. P.C., for committing the murder of Lakhan Singh and Bhagwan Singh and also for an offence under S. 307, I. P.C., for having attempted to commit the murder of Babu Singh. Ram Charan was convicted of the same three offences read with S. 34, I. P. C.

2. The facts leading to the appeal are these. Banwari, a Lodh by caste, and Ram Charan, armed with a gun and axe respectively, passed the field of Lakhan Singh. Lakhan Singh asked Banwari as to where he was going. Banwari replied that he was going for shooting birds. Lakhan Singh turned back. Banwari fired two shots at Lakhan Singh. Lakhan Singh fell down and died.

3. Banwari and Ram Charan, thereafter, proceeded southwards and at a distance of about six or seven furlongs, met Bhagwan Singh, who was grazing his cattle. Bhagwan Singh questioned Banwari as to where he was going. Banwari said he was going to shoot crocodiles in the river. Bhagwan Singh said there were