Judgment

KHANNA, J. :- Nawab Ali and six others including his two sons Naim Khan and Azim Khan were convicted by learned Sessions Judge Bahraich under Section 302 read with Section 149, Indian Penal Code, Section 323 read with Section 149, Indian Penal Code, Section 147, Section 342 and Section 364, Indian Penal Code. Each of the seven accused was sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 149, Indian Penal Code. Lesser sentences of imprisonment were awarded for the other offences. Appeal filed by the seven accused was dismissed by the Allahabad High Court. Nawab Ali alone then came up in appeal to this Court by special leave. The leave was, however, restricted to the question of conviction of the appellant for the offence under Section 302 read with Section 149, Indian Penal Code.

2. The case of the prosecution is that there was long standing enmity between the seven accused, who are related to each other, and Abdul Hamid Khan. Disputes had arisen between the parties in connection with some land belong to Sarju Devi and the parties had been involved in civil and criminal litigation.

3. Abdul Hamid Khan deceased and the accused belon