Harnam Singh, J.

1. In Sessions Trial No. 4 of 1954 the Additional Sessions Judge, Hoshiaipur, has convicted Kesar Singh and Ranbir Singh tinder Section 302 read with Section 34, Penal Code, hereinafter referred to as the Code, and has sentenced each of them to death.

In that trial the Additional Sessions Judge has convicted Kesar Singh and Ranbir Singh under Section 397 read with Section 394 of the Code and has sentenced each of them to suffer rigorous imprisonment for seven years, sentence of imprisonment to be suffered by the convicts in case the sentence of death imposed upon them is not confirmed by the High Court. Surat Singh father of Kesar Singh and Ranbir Singh who was prosecuted in Sessions Trial No. 4 of 1954 upon charges under Section 302 read with Section 34 and Section 397 read with Section 394 of the Code has been acquitted.

2. Kesar Singh and Ranbir Singh appeal under Section 410, Criminal P. C., and the proceedings are before us under Section 374 of that Code for the confirmation of the sentence of death imposed upon them.

3. In order to appreciate the points that arise for decision it is necessary to set out the facts of the case in some detail.

4. On 2-8-