JUDGMENT

CHANDRACHUD, J.:— The appellants, Subhash and Shyam Narain, were convicted by the learned Civil and Sessions Judge, Farrukhabad under Section 302 of the Penal Code on the charge that at about 9 a.m. on June 9, 1972 they committed the murder of one Ram Sanchi, Subhash was sentenced to death and Shyam Narain to imprisonment for life. The judgment of the trial Court having been confirmed in appeal by the High Court of Allahabad, the two accused have filed this appeal by special leave of this Court.

2. The case of the prosecution is briefly as follows: On the morning of June 9, 1972 the deceased Ram Sanehi had gone to his field along with his son Bal Kishore and his daughter Kusuma Devi for eating Kharbuzas. While they were returning from the field at about 9 a.m. the appellants, who were lying in wait near a culvert, suddenly accosted Ram Sanehi. The appellant Subhash pointed the barrel of his gun towards the chest of Ram Sanehi and said that since he, Ram Sanehi, was a witness against him in a complaint filed by Pooran and since he was also doing Pairvi on behalf of Pooran Lal he would not be allowed to remain alive. The appellant Shyam Narain was armed with a Lathi, Bal Ki