V. BHARGAVA, J.

(1) APPELLANTS Bhusai alias Mohammad Mian and Mohammad Ibrahim were prosecuted for an offence under Section 302, read with Section 34 of the Indian Penal Code for committing the murder of one Abdul Haq Ansari on the night between 9th and 10th of August, 1965. The Sessions Judge, who tried the appellants, acquitted both of them. The State filed an appeal in the High court of Allahabad. The High court disagreed with the Sessions Judge, allowed the State appeal, and convicted both the appellants. Bhusai was sentenced to death under Section 302, read with Section 34) Indian penal code, while Mohammad lbrahim was sentenced to imprisonment for life under Section 302, read with Section 34, Indian penal code The High court granted a certificate to Bhusai under Article 134(1) (a) of the Constitution and to Mohammad lbrahim under Article 134 (l)(c). This appeal has been filed by the two appellants on the basis of these certificates.

(2) THE prosecution case was that appellant Mohammad lbrahim was living in a house belonging to Abdul Sattar, father of the deceased Abdul Haq, and had constructed a verandah in the front portion of the house. The house occupied by Mohammad lbrahim was a part of the house in which Abdul Sattar was living with all his family. They were related as cousins. Abdul Sattar used to tie his cattle in the back portion of the house and, since there as no other exit, the cattle had to be taken in and brought out through the verandah constructed by Mohammad lbrahim. About 15 days before this incident, Mohammad lbrahim started objecting to Abdul Sattars cattle being taken through the verandah. This resulted in a quarrel between Mohd. lbrahim and Abdul Sattars son, Abdul Haq, deceased. Then there was another quarrel just a day before the incident. On both occasions, people intervened and, thus) avoided the quarrels developing into serious fights. Mohammad lbrahim threatened Abdul Haq on the second occasion, saying that he would soon settle the matter for good. It is said that these were the incidents which led these two appellants to commit the murder of Abdul Haq.

(3) THE version put forward by the prosecution for the actual incident is that, on the night between 9th and 10/08/1965, Abdul Haq happened to be sleeping on the Chabutra of a house belonging to one Yusuf, while Abdul Haqs father, Abdul Sattar, and his son Mohammad Akhtar were sleeping, inside the lane which passes by the side of the Chabutra of Yusuf and goes from the Pacca road to the house of Abdul Sattar. At about 1.30 in the night, Abdul Sattar and Mohammad Akhtar woke up on hearing the shrieks of Abdul Haq that he was being killed and, according to them, they saw Mohammad lbrahim holding down Abdul Haq on tlie cot while Bhusai was inflicting dagger stabs on him. They shouted, whereupon the two appellants started running away. The appellants were pursued by Abdul Sattar and Mohammad Akhtar. As the appellants came on to the Pacca road outside the lane, they were confronted by four persons, Majid Husain, Nazar Husain, Badruddin and Choudhary Pasi, who happened to be returning to the village after attending a Session of Qawwali at the Mazar belonging to one lbrahim Khan which was situated at a distance of about 200 yards from the scene of occurrence. These four persons happened to arrive close to the scene of occurrence just. at about the time of the murder and heard the shriek of Abdul Haq whereupon they ran in thatdirection. They found the two appellants trying to run away and caught hold of them. Bhusai was still carrying the dagger and that was snatched away from him by Mohammad Akhtar. The two appellants were then kept in custody at tlie scene of occurrence, while Mohammad Akhtar, Abdul Sattar and a number of other persons proceeded with Abdul Haq to T. B. Sapru Hospital in order to have his injuries attended. They carried him to the Hospital on a cot. On arrival at the Hospital at about 2.30 a. m., however, the nurse