(1) THIS appeal by special leave is directed against the judgment of the Allahabad High court by which the order of acquittal passed by the trial Court was reversed and the appellant was convicted under S. 307, Indian Penal Code and sentenced to undergo rigorous imprisonment for four years.

(2) THERE were two accused in this case, Dharam Pal and Babu Lal. Babu Lal had filed a separate special leave petition in which leave was granted which is Criminal Appeal 81 of 1975. This appeal also arises out of the judgment under appeal. We have taken on record the file of Criminal Appeal 81 of 1975. This judgment will govern both the appeals.

(3) THE facts of the case have been detailed in the judgments of the courts below and it is not necessary, to repeat the same.

(4) IT appears that there was a party faction in the village and the accused belonged to one rival faction, the deceased being in the opposite camp. On 20/01/1968 at about 7.30 p.m. when complainants Giri Lal and Baljit were returning from the court and reached the village at 7.30 p.m., the appellants surrounded them and assaulted complainant Giri Lal with lathis. FIR was lodged at the police station