( 1 ) APPELLANT Ram Singh has been convicted under Section 302. P. Code by the Additional sessions Judge, Unnao, and sentenced to death. Five other accused persons, namely Kirpa shanker alias Lala Misra, Krishna Kumar alias Chhuttan, Mahesh Prasad, Lallu and Brahma kishore alias Phunnar, were also prosecuted in this case but they were acquitted. The charge against the appellant and the other accused persons was that they committed a riot with deadly weapons, such as pistols and guns, on the night between the 14th and 15th July, 1956, near the culvert of village Bighapur and in pursuance of the common object of the unlawful assembly they committed the murder of Shankeri Brahmin by shooting him dead. The learned Judge has made the usual reference for the confirmation of the death sentence awarded to the appellant. 1a. The prosecution story is that Shankeri deceased resided in village Ghatampur, Police Station bara Sagwar, district Unnao, and ostensibly he carried on the profession of a tailor. Shankeris wife P. W. 4 Shrimti Ramkali lived with him and his father P. W. 13 Kedar Nath Pande also resided in a nearby house. The deceased and the accused persons in this case