Judgement

CHANDRACHUD, J.:- The appellants Lalai alias Dindoo and Ram Ajore were convicted by the learned Sessions Judge, Faizabad, on the charge that they had committed the murder of one Paras Nath Lalai was convicted under Section 302, Penal Code and was sentenced to death while Ram Ajore was convicted under Section 302 read with Section 34, Penal Code and was sentenced to imprisonment of life. The order of conviction and sentence having been confirmed by the High Court of Allahabad the appellants have filed this appeal by special leave of this Court.

2. A land litigation between the appellants and the deceased Paras Nath was decided in favour of the latter on November 17, 1971. That led to enmity between the parties which ultimately culminated in the murder of Paras Nath.

3. On November 24, 1971 Paras Nath and his son, Radhey Shyam, took their evening meal at about 6 p.m. and retired for the night. Radhey Shyam was sleeping on a cot in the Mandai while Paras Nath was sleeping on a Takhat. It is alleged that at about 10.30 p.m. the appellants went near the Takhat, Lalai being armed with a Gandasa and his brother Ram Ajore with a spear. Lalai gave a number of blows on the neck and fa