JUDGMENT :- Special leave granted.

2. We heard Mr. Ram Jethmalani learned counsel for the appellants and learned counsel for the State of U. P.

3. The appellant Sarabjeet Singh and 17 other persons were put up on trial before the learned II Additional Sessions Judge, Gonda, in Sessions Trial No. A-65/74 for having committed offences under Sections 147, 427 read with 149, 323 read with 149 and 302 read with 149 of the Indian Penal Code, alleging that they committed murder of Radhey Shyam, an infant aged about 4 years, son of P.W. 1 Ghirau, by lifting him and throwing him on the ground. The genesis of the quarrel lies in a transaction of sale of land belonging to one Smt. Koela purchased by P.W. 1 Ghirau from accused 1 Sarabjeet Singh for a consideration of Rs. 1600/- three years prior to July 15, 1972, being the date of occurrence. This transaction of sale was not evidenced by any registered deed but P.W. 1 Ghirau claimed to be in possession and in order to assert his possession he proceeded to construct a wall on the nothern, eastern and southern sides of this land. He also constructed a Marha in the north-eastern and another on the southern side of his ancestral land. He had put up