Judgment

KHANNA J.:- This is an appeal by special leave by Ram Prasad (65), his son Udit Narain (22) and their servant Sri Pal (22) against the judgment of the Lucknow Bench of the Allahabad High Court affirming on appeal the judgment of the Additional Sessions Judge Lucknow whereby the three appellants and three others, namely, Sarju. Putti and Jagannath had been convicted under Section 148 and Section 302 read with Section 149 Indian Penal Code and had been sentenced to undergo rigorous imprisonment for a period of 18 months on the first count and imprisonment for life on the second count.

2. The occurrence giving rise to the present case took place on March 31, 1967 at 2-30 p. m. in front of and inside the tarwaha of the house of Jaskaran father of Jagannath accused, in village Gadarian Purwa at a distance of two miles from Police Station Mandiaon. The person murdered during the course of the occurrence was Parmeshwar Din (35). The prosecution case is that Parmeshwar Din deceased and Sita Ram (PW 4) purchased two plots of land situated in the area of village Gadarian Purwa from Paggu and others for Rs. 3,000 as per sale deed dated December 23, 1966. The possession of those plots h