JUDGMENT

A.N.Ray, J.

(1) THIS is an appeal by special leave from the judgment, dated 16/10/1967, of the High court of Allahabad (Lucknow bench) acquitting eight respondents on appeal against the judgment, dated 21/07/1967, of the Sessions Judge, Sitapur and rejecting the reference, dated 21/07/1967, made by the Sessions Judge to the High court on the capital sentence passed on Ram Gopal the remaining respondent.

(2) THE Sessions Judge found Ram Autar, Ragunath, Basdeo, Nand Ram, Chandra Bhal, Asharfi, Lallu and Balram guilty of an of fence under Sections 302/149 of the Indian Penal Code and sentenced each of them to undergo imprisonment for life. The Sessions Judge also found Chandra Bhal, Asharfi and Basdeo guilty of an offence under S. 148 of the Indian Penal Code and convicted and sentenced each one of them to undergo rigorous imprisonment for two years. Ram Autar, Raghunath, Nand Ram Lallu and Balram were convicted of offence under S. 147 of the Indian Penal Code and each was sentenced to one years rigorous imprisonment on that count. The Sessions Judge found that Ram Gopal was guilty of an offence under S. 302 for committing the murder and passed death sentence u