Judgment

GROVER, J.- The three appellants were convicted under Section 302, read with Section 34, Indian Penal Code, by the learned Temporary Civil and Sessions Judge, Kanpur and were sentenced to death for the murder of Ganeshi Lal on July 19, 1966. The Allahabad High Court has rejected their appeal and has also confirmed the sentence of death. They have appealed to this court by special leave.

On July 13, 1966, Rikhi Lal, Rameshwar and others were committed to the Court of Sessions to stand their trial under Sections 147 and 326 of the Indian Penal Code, for causing grievous hurt to Ganeshi Lal. By way of revenge, Rameshwar s brother Ram Prakash, Rikhi Lal s collateral Ram Nath and their alleged associate Rajan are stated to have attacked Ganeshi Lal at about 8 a. m. on July 19, 1966. The occurrence is alleged to have taken place in front of the house of Rikhi Lal on the road leading from Ganeshi Lal s manure heap to his house. He was returning home after throwing some cowdung on his manure heap. Ram Prakash and Ram Nath are stated to have used knives and Rajjan a dagger (karoli). Ganesh Lal was given several blows and was stabbed even after he had fallen down. The first informatio