Judgment

SARKARIA, J. :- The appellant, Shanker s/o Prem Raj, aged 35 years, and two others, namely, Persoti son of Megha and Uttam son of Lallu were tried and convicted by the Additional Sessions Judge, Moradabad on Charges under Sections 148, 302 read with 149 and 323/149, Indian Penal Code in respect of the murders of two brothers, Shanker and Keshri. All the three were convicted under Section 302 read with 149, Penal Code. The appellant was sentenced to death and each of the other two to imprisonment for life. They were also convicted on the minor charges and sentenced to various terms ofimprisonment. On appeal, the Allahabad High Court confirmed the conviction and sentence of the appellant but acquitted Persoti and Uttam. Shanker has come to this Court in appeal after obtaining special leave under Article 136 of the Constitution.

2. Prem Raj had three sons, namely, Shanker appellant, Pitam and Megha. Pitam was murdered on 21-6-1970. F. I R. with regard to that incident was lodged by Megha, in which, Basant son of Hardayal was, named as one of the culprits. On 23-6-l970 Megha made another report to the police alleging that Keshri, the deceased person in the present case, had comm