Judgment

DUA, J. :- The ten appellants have appealed to this Court by special leave under Art. 136 of the Constitution from the judgment and order of the High Court of Judicature at Allahabad dated October 31, 1968 allowing the appeal of the State of U. P., from the judgment and order of the Temporary Sessions Judge, Hamirpur dated January 15, 1965 acquitting all the 15 accused persons, including the appellants, of the charges under Sections 148, 302/149 and 201, I.P.C. During the pendency of the State appeal in the High Court against the order of acquittal. Chandrapal Singh, accused No. 1 (in the trial Court) died on September 30, 1967 with the result that appeal against him abated on his death. The appellants were, however held liable to be convicted under Sections 302/149, 201/149 and 148, I.P.C. Against the remaining accused persons the order of acquittal was affirmed. Under Ss. 302/149, I.P.C. each of the appellants was sentenced to imprisonment for life and under Ss. 201/149 I.P.C. sentence of two years rigorous imprisonment was imposed on each one of them. They were also sentenced to one year s rigorous imprisonment each under S. 148, I.P.C. All the sentences were directed to be concurrent.

2. According to the prosecution Pannalal and Gulzarilal, appellants Nos. 7 and 8 are brothers: so are Achche Lal, Ramdhar and Bansi, appellants 4 to 6. Gurwa, appellant No. 3 is the first cousin of Bansi: Ramdayal, appellant No. 10 is also Bansi s cousin. Bajwa, appellant No. 1 too is related to Bansi: he is the son of Ramsahai who turned an approver and was examined as a prosecution witness. It is alleged that all the appellants, along with the other persons arrayed as accused in the trial Court, belong to one party and there was some litigation under S. 107, Cr. P.C. between most of the accused persons on the one side and the deceased Ramratan and men of his party on the other. During the course of proceedings under S. 107, Cr.P.C. it appears that under pressure of Ramdayal, Achche Lal and Ramdhar on unwilling Ramratan, a compromise was signed in those proceedings but as there was no genuine change of heart amongst the rival parties the Station Officer of the Police Station did not agree to drop the proceedings. There was also another proceeding under S. 107, Cr.P.C. in which Gulzarilal, Pannalal, Gurwa and Ramgopal had been bound down. It is also alleged that on the murder of one Munni Banin, Chandrapal Singh, Gulazrilal, Pannalal, Banshi, Ramgopal and Gurwa were prosecuted and Ramratan, deceased, conducted the case for the prosecution. There was thus no love lost between the two factions. On August 16, 1963 at about 5.30 p.m. Shivratan (P.W. 1), Jagroop Singh (P.W. 2). Maheshwar Din (P.W. 3) Sughar Singh and deceased Ramratan were proceeding to the house of one Sheoraj Singh for attending a recital of ALHA. On their way while proceeding from the direction of Korionwali Gali they entered Banshiwali Lane. There they noticed accused Bansi and Gulzarilal standing in front of the door of Bansi s Gurwahi Bakhari. As soon as Shivratan (P.W. 1) and his companions turned into the Banshiwali Khor for going to Sheoraj Singh s house, Gulzarilal asked them to stop Bansi is also said to have shouted "kill them". Thereupon Chandrapal Singh fired his gun hitting Ramratan, deceased, as a result of which the latter died at the spot. The ten appellants were said to be present in the company of Chandrapal Singh at the time of the occurrence. Gulzarilal, Pannalal, Bansi and Achche Lal were stated to be armed with pharsa, Ramdhar, Ramdayal, Gurwa and Ram Gopal had kulharis while Bajwa and Tej Singh were carrying gandasas. Chandrapal Singh was armed with a gun with which he shot down the deceased Ramratan. Sheoratan (P.W. 1) and his partymen tried to advance towards the dead body of Ramratan but the appellants and Chandrapal Singh rushed at them threatening to kill them as well. Sheoratan Singh and his partymen thereupon ran away towards their village r