Judgment

SIKRI, J.:- This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad confirming conviction of the two appellants by the Sessions Judge Mainpuri, under Section 302/34 of the Indian Penal Code. Appellant Jadunath Singh was sentenced to death by the Sessions Judge and appellant Girand Singh was sentenced to undergo imprisonment for life.

2. In order to appreciate the points raised before us by the learned counsel for the appellant it is necessary to state a few facts. It is alleged against the appellants that on February 26, 1968 at about 7.30 a. m., in furtherance of their common intention, they murdered one Ram Swarup Pandey by repeatedly stabbing him to death, when he was passing on the Grand Trunk Board in the town of Bewar to catch a truck. As many as 34 injuries were found on the deceased at the post-mortem conducted on his body on the same day at about 3 p.m.

3. The prosecution case in brief is as follows. It is common ground that there was great enmity between the deceased and Laturi Ahir and his sons, the two appellants. The deceased apprehended danger to his life from them, and on November 23, 1967, he sent an applicati