JUDGMENT

R. S. SARKARIA, J.:—This appeal by special leave is directed against a judgement of the High Court of Allahabad. Six persons viz, Kartarey (30) , Sita Ram (45) , Baljeet (45), Smt. Kaila (27), Benarsi and Ram Karan all resident of Giaspur were tried by the First Temporary Session Judge, Meerut for rioting and committing the murder of their co-villager, Tejpal. He convicted all the six under Sec S. 302/ 149. Penal Code. . Each of the first three was sentenced to death and the rest to imprisonment for life. They were also convicted under sec. 148,Penal Code .The convicts appealed, while a reference under S. 374, Cr. P.C. was made by the Session Judge for confirmation of the death sentences. The High Court set aside the conviction of Mst. Kaila, Benarsi and Ram Karan and acquitted them on all the counts. It set aside the conviction of Kartarey, Sitaram and Baljeet in respect offence under S. 148, Penal Code. It, however, maintained the conviction of Kartarey , Sitaram and Baljeet but altered it from that under Sec 302/ 149 to one under Sec. 302 read with Sec. 34, Penal Code. Their death sentences were also commuted to imprisonment for life.

2. Kartarey, Sita Ram and Baljeet ha