JUDGMENT :

V. Ramaswami, J.

1. These appeals are brought from the judgment of the Allahabad High Court dated January 19, 1967 in Criminal Appeals Nos. 1197, 1198 t and 1229 of 1966. By this judgment the High Court affirmed the judgment of the Sessions Judge, Lucknow-Kanpur dated May 26, 1966 in Sessions Trial No. 6 of 1966 sentencing the appellants to death under Section 302, Indian Penal Code read with Section 149, Indian Penal Code and to two years rigorous imprisonment under Section 148, Indian Penal Code.

2. The case of the prosecution is that on September 1, 1965 at about 6 p.m. Nanney Singh and Dularey were sitting on a cot on the foot-path of the road under a tree near the flour mill owned by Nanney Singh in the Labour Colony, Nawabganj, in the city of Kanpur and Rakesh arrived and sat on the cot and began to talk to Nanney Singh. Shortly afterwards the present appellants arrived armed with pistols and knives. Ravindra alias Lalla, Mewa Lal and Surendra Singh were carrying pistols while Su-resh Chandra was armed with a knife. Rakesh also had a knife with him. On arrival the appellants shouted that Nanney Singh should be killed. Nanney Singh tried to run away but Rakesh caught