Judgment

RAGHUBAR DAYAL, J.: Moti Singh and Jagdamba Prasad, appellants, together with five other persons, were convicted by the Sessions Judge of Unnao of offences under Ss. 148, 302 read with 149 and 307 read with 149 I. P. C. Each of them was sentenced to life imprisonment under S. 302 read with S. 149 I. P. C.

2. On appeal the High Court acquitted the other five persons of the various offences. The conviction of the appellants under S. 148 I. P. C. was also set aside, but their conviction for the offences under Ss. 302 and 307 read with S. 149 were altered to conviction for offences under Ss. 302 and 307 read with S. 34 I. P. C. On the application of Krishna Kumar, brother of one of the persons who had been murdered, the High Court enhanced the sentence of the appellants for the offence of murder, to death. Moti Singh and Jagdamaba Prasad have preferred these appeals respectively, after obtaining special leave from this Court.

3. It is not necessary to detail the facts of the incident in which several persons lost their lives and for participation in which incident the appellants were convicted, as we are of opinion that the conviction cannot be maintained on the basis of the evid