Judgment

Y. V. CHANDRACHUD

( 1 ) THESE two appeals by special leave arise out of the judgment of the High Court of Allahabad dated 12/04/1973. Three brothers by the name of Sia Ram, Shri Ram and Ram Chandra; a woman by the name of Violet; and her son Ramesh were tried by the learned Sessions Judge Farrukhabad, in connection with the murder of one Kunwar Singh. The learned judge convicted Sia Ram under Section 302, Penal Code and sentenced him to death. Violet was convicted under Section 302 read with Section 109 and was sentenced to imprisonment for life. The remaining three accused were acquitted by the Sessions Court. Sia Ram and Violet challenged their conviction by filing an appeal in the High Court while the State of U. P. filed an appeal against the acquittal of Shri Ram, Ram Chandra and Ramesh. The High Court confirmed the conviction and sentence of Sia Ram and Violet. It dismissed the appeal filed by the State Government except in regard to Shri Ram whom it convicted under Section 302 read with Section 109. He was sentenced to imprisonment for life.

( 2 ) THE incident in question took place at about 5 p. m. on 20/10/1970. The deceased Kunwar Singh was a practicing lawyer and