Judgment

CHANDRACHUD, J. :- Eighteen persons were tried by the Additional Sessions Judge, Agra, for various offences arising out of the murders of five persons: Gajraj Singh, Bhairon Singh, Budh Singh, Pancham Singh and Amar Singh. The learned Judge acquitted eight persons and convicted the remaining ten. Nine out of these ten were convicted under Sections 302 and 201 read with Section 149 of the Penal Code. Seven out of these nine were sentenced to death and the remaining two to imprisonment for life. The tenth to be convicted was held guilty under Section 201 read with Section 149 and was sentenced to imprisonment for seven years.

2. In appeals filed by the accused the High Court of Allahabad substantially modified the judgment of the trial court. It convicted only one accused, Dev Chand, under Section 302 and upheld the sentence of death imposed on him by the trial court. It also upheld his conviction and sentence under Section 201 read with Section 149. The conviction and sentence of eight of the accused under Section 302 read with Section 149 was set aside by the High Court. It, however, upheld the conviction and sentence of five out of those under Section 201 read with Section