( 1 ) THIS is an application by the State of U. P. under Article 134 (1) (c) of the Constitution of india for a certificate of fitness for appeal to the Supreme Court. It arises out of Criminal Appeal no. 2069 of 1959 of this Court connected with which was Referred No. 133 of 1959, decided by us on 8-1-1960. The appeal was by the opposite-parties against their conviction and sentence for rioting under Section 147 I. P. C. and for the murder of one Babu Deepchand a practising mukhtar of Sodabad in the district of Mathura under Section 302 with the aid of Section 149/34, i. P. C. The reference was made by the Sessions Judge for the confirmation of the death sentence of Tula Ram and Bhag wan.

( 2 ) THE circumstances relating to the murder, and the evidence bearing upon the alleged crime of the accused, were dealt with by us in our judgment of 8-1-1960 and need no re-statement for the disposal of this application. That Babu Deepchand had been murdered admitted of no doubt. The question was whether the murder was committed by the opposite-parties Tula Ram and Bhagwan singh, Chandravir Singh, Shyamvir Singh, Yogvir Singh and Rajpal. The learned Sessions Judge relied upon the evidence of

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