Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad setting aside the acquittal made by the Additional Sessions Judge, Kumaun, Nainital, and convicting the appellants under S. 302, read with S. 34 of the Indian Penal Code and sentencing them to imprisonment for life.

2. The prosecution case may be briefly stated. Gurucharan Lal one of the deceased had title to and was in physical possession of plot No. 57 in the village of Azadnagar. On April 10, 1960, Gurucharan Lal, accompanied by Bhagwan Swarup, Amrit Lal, Nand Singh and Mohan Prakash, left his house in Rudrapur for Azadnagar to harvest the crop standing on the said plot. Bhagwan Das also had a plot in the same village in his name and he also started to go there to harvest his crop. As they anticipated some trouble from the accused persons, appellants herein, enroute to Azadnagar they went to police station Kiccha, which was on their way, and lodged two reports therein, Exs. Ka-1 and Ka-2. It was alleged therein that there was an apprehension of breach of peace from the side of the accused. The head-constable of the said police station, in consultation