Judgment

KHANNA, J: - The nine appellants, Dargahi (60). Ishaq (40). Mangrey (60), Janu (30). Khalil (25), Noor Mohamad (40), Kallu (40). Sirajul (45) and Babu (35) were tried in the court of the learned Sessions Judge Barabanki for various offences in connection with an occurrence which resulted in the death of Lachhman Prasad (50). It was alleged that the head of Lachhman Prasad was chopped off and was carried away by the culprits. Injuries were further stated to have been caused to Ramji PW during the course of the occurrence. The trial court acquitted the appellants. On appeal filed by the State, the Allahabad High Court reversed the judgment of acquittal. The nine appellants were convicted under section 302 read with section 149 section 323 read with section 149 and Section 201 read with Section 149 Indian Penal Code and were sentenced to undergo imprisonment for life, rigorous imprisonment for a period of one year and rigorous imprisonment for a period of four years respectively. In addition to that, Khalil and Ishaq appellants were convicted under Section 148 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of two years, while the remaining seven appellants were convicted under Section 147 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year. The sentences in the case of each of the appellants were ordered to run concurrently. The appellants thereafter came up in appeal to this Court by special leave

2. The prosecution case is that Lachhman Prasad deceased was the Pradhan of village Bahrauli. The Sub-Divisional Magistrate of Fatehpur directed Lachhman Prasad deceased to sell fish from a pond of Bahrauli village, but the deceased refused to comply with that direction. Lachhman Prasad was thereupon suspended and Munney Miyan who was Up-Pradhan was directed to discharge the functions of Pradhan. Munney Miyan executed 28 Pattas of land belonging to the Gram Samaj in favour of various persons, including Mangrey, Babu. Ishaq and Janu accused. A Patta was also executed by Munney Miyan in favour of Jamalu, nephew of Dargahi accused. Lachhman Prasad filed a writ petition in the High Court challenging the order of the Sub-Divisional Magistrate of Fatehpur suspending Lachhman Prasad. The High Court accepted the writ petition. The 28 persons in whose favour Pattas had been executed by Munney Miyan, in the meanwhile, filed application to the Tehsildar of Fatehpur for necessary mutation in their favour. Lachhman Prasad deceased objected to the land being mutated in favour of the Patta holders. The Pattas were thereupon cancelled. Revision petitions were filed by the Patta holders against the cancellation of Pattas but those revision petitions were dismissed by the Additional Commissioner on July 1. 1966, five days before the present occurrence. Another cause of enmity between Lachhman Prasad and the accused was that one Tejinder Singh had executed a sale deed in respect of a portion of a farm known as Punjabi Farm in favour of Ramji (PW 4), Ramji belongs to Azamgarh district, while Lachhman Prasad deceased as well as the accused belonged to district Barabanki. Lachhman Prasad deceased was an attesting witness of the sale deed executed by Tejinder Singh in favour of Ramji. The accused who are gaddis objected to the sale in favour of Ramji. Lachhman Prasad deceased pursued the matter on behalf of Ramji in connection with that dispute. Ramji stayed with Lachhman Prasad deceased at his house for about four or five months before the present occurrence on account of that dispute.

3. On the morning of July 6, 1966, it is stated, Ramji PW and Lachhman Prasad left Lachhman Prasad s village Barhauli to go to the office of the Tehsildar at Fatehpur in connection with the dispute relating to the mutation of land purchased by Ramji. Ramji rode on the cycle and Lachhman Prasad sat behind on the carrier of the cycle. Ramji and Lachhman Prasad were accompanied by Harihar Nath,