Judgment

FAZAL ALI, J. :- This appeal by special leave is directed against the judgment of the Allahabad High Court dated 5-10-1971 upholding the conviction of the appellants under S. 302 / 149, I. P. C. but commuting the sentence of death to one of life imprisonment. The appellant were also convicted under S. 307 / 149 and sentenced to five years rigorous imprisonment and under S. 148 to two years rigorous imprisonment. We have heard Mr. Mulla, counsel for the appellant at great length and we have also heard Mr. Uniyal for the State. We have been taken through the judgment of the High Court and the evidence of the High Court and the evidence of the eye-witnesses. After perusing the record we find that the prosecution case against the appellants has been fully proved as held by the High Court and there does not appear to be any error of law or misreading of any evidence so as to warrant our interference in special leave. Mr. Mulla, however, specially stressed the cases of two of the appellants, namely, Raja Ram and Nand Kishore. As regards Raja Ram, Mr. Mulla placed reliance on the finding of the High Court which appears to have found that even though Raja Ram was alleged to have be