Judgment

HIDAYATULLAH, J.: This is an appeal by certificate against the judgment of the High Court of Allahabad dated May 24, 1963 by which the conviction of and sentences passed on the four appellants under S. 302 read with S. 34 of the Indian Penal Code were confirmed. Of the appellants, Babu Singh and Aram Singh have been sentenced to death and Gajram Singh and Ram Singh to imprisonment for life. The charge against them was that they had murdered one Babu Singh pradhan at village Behjoi on October 11, 1961. The pradhan was attacked by the appellants with spears, gandasa and lathi. The spears were with Aram Singh and Ram Singh the gandasa with Babu Singh and the lathi with Gajram Singh. The motive for the attack was said to be some former quarrels between Babu Singh pradhan and father of Babu Singh the appellant and the action of the pradhan after his election in supporting on behalf of the Goan Samaj proceedings for encroachment started against the fathers of the appellants sentenced to death.

2. On the day of occurrence Babu Singh pradhan had gone on cycle to Behjoi to negotiate for the purchase of a Persian wheel. He had his cycle repaired by one Amrik Singh who was examined as