Judgment

UNTWALIA, J.:- There are five appellants in this appeal by special leave. Appellants Girja Singh and Hari Har Singh have been convicted under Section 302/149 of the Indian Penal Code and each of them has been sentenced to death. A sentence of three years rigorous imprisonment has also been awarded to each of them under Section 148. Appellants Ram Adhar Singh Hardwar Dubey and Ram Sudhar Dubey have been convicted under Section 302/149 and Section 147 of the Penal Code. Each has been awarded life imprisonment under the former count and a concurrent sentence of two years rigorous imprisonment under the latter.

2. In the occurrence which took place at Chochakpur Bazar, Police Station Karanda, District Ghazipur the person killed was Amaldhari Singh resident of Lachmanpur, hamlet of Village Chochakpur Bazar. The occurrence took place on the 20th January, 1972 at about 5.00 on the road running east to west through the Bazar. Appellants Hari Har Singh Girja Singh and Ram Adhar Singh are brothers all sons of Bibhuti Singh. The other two appellants inter se are also brothels and they are sons of Amar Deo Dubey. It would appear from the evidence of Kawaldhari Singh, P.W. 1 brother of