Judgment

MITTER, J.-This is an appeal by special leave granted to the four appellants from the judgment and order of the High Court of Allahabad rejecting their appeals to that court and accepting the reference made by the Session Judge of Fatehpur. There is no question of law involved in this case and leave to appeal appears to have been given because of a difference of opinion between the two learned Judges of the High Court who heard the appeals in the first instance. On a reference being made to him a third Judge of the High Court held in favour of the acceptance of the reference by the Session Judge. Having heard learned counsel for the appellants at some length we find ourselves unable to come to any conclusion other than that arrived at by the majority Judges of the High Court.

2. Two ladies by the name of Smt. Roop Rani and his sister-in-law (husband s sister) Smt. Bhoori were murdered at about midnight on the night between 22nd and 23rd August, 1965, and Rameshwar Singh, husband of Smt. Boohri was attempted to be murdered in the house of Smt. Roop Rani in Jamoh, a hamlet of village Lamshta, situate within the Ghasipur police circle in the District of Fatehpur. There were fiv