Judgment

WANCHOO, J. : This is an appeal by special leave against the judgment of the Allahabad High Court. The appellants are father and son and live in village Patrasi. The deceased Sohanlal also lived in the same village. He is said to have been murdered on the morning of December 2, 1959, after sun-rise. About two years before the incident one Sunder had filed a criminal case against the deceased. In that case the present appellants had helped Sunder against the deceased. The deceased was acquitted. One Chetram was a witness for the deceased in that case. Later on, Tori Singh appellant attacked Chetram with a spear and Chetram made a report in that connection against Torisingh. Sohanlal was helping him in that matter, and in consequence there was enmity between Torisingh and his father Budhi Singh, appellants, and the deceased.

2. It is said that on the morning of December 2, 1959, the deceased was going to the fields outside the village in order to ease himself. He passed by a platform which is on a cross-road in the village. The appellants were sitting on the platform, Tori Singh carrying a pistol with him. As the deceased passed by the platform, Budhi Singh instigated Tori Sin