Judgment

BAHARUL ISLAM, J.:- This appeal by special leave has been directed against the judgment and order passed by the Allahabad High Court dismissing two appeals filed by the appellants before it. The appellants were convicted under Sections 302, 307 and 323 all read with Section 149 of the Penal Code. They were sentenced to imprisonment for life, each, under Section 302/149, rigorous imprisonment for 7 years, each, under Section 307/149 and rigorous imprisonment for six months, each, under Sec. 323/149 of the Penal Code. Appellants Harish Chandra and Nathu were further convicted under Section 148 of-the Penal Code and sentenced to rigorous imprisonment for two years, each. The sentences were directed to run concurrently.

2. The facts material for the purpose of disposal of this appeal may be stated thus. The prosecution alleges that there was long standing enmity between the parties of the deceased and the appellants. Some time prior to the incident a flour mill was installed and a house constructed by P.W. 1, Pahelwan, in his plot of land. In front of the flour mill and the residence of Pahelwan there was some vacant land in his possession. The appellants had started throwing ru