Judgment

CHANDRACHUD, J. :- The appellants, eleven in all, were acquitted by the Additional Sessions Judge Gonda, but the order of acquittal was set aside in appeal by the High Court of Allahabad (Lucknow Bench). The High Court has convicted the appellants under Section 302, 325 and 323 read with Section 149 and under Section 147 of the Penal Code. They have been sentenced of life imprisonment for the offence of murder and to shorter terms for the other offences is directed against that judgment. The charge against the appellants is that on the evening of September 17, 1966 they formed an unlawful assembly and in prosecution of the common object of that assembly they caused the death of Hausla Prasad and injuries to Rampher, Dwarika and Lakhu.

2. On September 17, 1966 which was a Kajri Tij day Rampher and the deceased Hausla Prasad had gone to a temple which is at a distance of about 8 miles from the village of Jhampur where they lived. They left the temple late in the afternoon along with Dwarika and Lakhu who they met at the temple. Soon after they crossed a river near the village of Singha Chanda they are alleged to have been attacked by the appellants. Dwarika brought a bullock-c