Judgement

MITTER, J.:- In these two appeals by special leave, Jadunath Singh, Dev Singh, Surjan Singh and Sheoraj Singh challenge their conviction under Sections 302 and 307, Indian Penal Code both read with Section 34, Indian Penal Code and sentence of imprisonment for life on the former charge and to seven years rigorous imprisonment, under the latter, the sentences to run concurrently. They had been acquitted of the charges by the Sessions Judge, Shahjahanpur. The victims of the crimes were Gajraj Singh who was killed, his son Rishipal and two other persons, Mohram and Sohanpal, the last three receiving gunshot injuries.

2. The case for the prosecution was as follows, Jadunath Singh, the first appellant, is a cousin of Gajraj Singh, deceased. They were residents of village Chaura and their houses faced each other with a narrow intervening lane. A village pathway ran in front of their houses from north to south-east and the Rathkhana of Jadunath Singh lay close to it. Appellant, Dev Singh, is the husband of the sister of Jadunath Singh and had been living with him for a few years before the incident. The appellant Surjan Singh, was a cousin of Jadunath Singh s wife while the appel