( 1 ) THIS is an appeal by five persons: Sundar aged 30, Pachchu aged 70 or 75 (65 according to the sessions Judge), Radhurai aged 30, Sukhlal aged 40 or 45 and Gajraj aged 20 or 21 (25 according to the Sessions Judgej. The learned Sessions Judge of Fatehpur has convicted all of them under Section 302, read with Section 149 or alternatively, with section 34, I. P, C. , and sentenced Sundar and Pachchu to death and each of the remaining three to imprisonment for life. He has passed a separate sentence of imprisonment for life on Raghurai under Section 302, read with Section 114, I. P. C. He has also convicted all of them of rioting and sentenced Sundar and Pachchu to 2 years R. I. each under Section 148, I. P. C. , and Raghurai, Sukhlal and Gajraj to 18 months R. I. each under section 147, I. P. C. The learned Sessions Judge has said nothing as to whether the sentences of those not awarded capital punishment were to run concurrently or consecutively. The record is also before us for confirmation of the sentences of death passed on Sundar and Pachchu.

( 2 ) SUNDAR belongs to Semra, Pachchu and Raghurai to Dehuli, Sukhlal to Sachauli and Gajraj to kamalipur, all within police station Thariaon in the district of Fatehpur. Two others tried along with the appellants, Manni Lal of Kamalipur and Indrapal of Dehuli, were given the benefit of doubt and acquitted.

( 3 ) THE man done to death in this case was Ram Autar, aged about 35 years according to the doctor who performed the post-mortem on his dead body. He belonged to Dehuli but was employed as Head Master of the Municipal Basic Primary School of Fatehpur. In going to dehuli from Fatehpur one has to go 10 miles east by the grand trunk road and then, leaving the road at a culvert at the 10th mile, one mile due north. The villages to which the appellants belong are situate within the same police station as, and at short distances from, Dehuli.

( 4 ) THE prosecution case was that the deceased and the appellants belonged to rival factions into which the residents of Dehuli and the neighbouring villages were torn. There was a trial for the murder of one Pooran of the deceaseds party in 1952 which resulted in wholesale acquittals, but the appellants Pachchu and Sukhlal and the fatters brother Nanku were among the accused and ram Manohar P. W. 1 and Budhu P. W. 5 were prosecution witnesses in that case. This was followed by the murder of the Jodhi of the party of the accused in the present case in 1953. Jodhi was an uncie of the acquitted accused Indrapal. The trial in that case also resulted in acquittals. It is noteworthy that Raghurai appellant along with the two men just named as prosecution witnesses of the present case, Ram Manohar and Budhu, and Ram Manohars brother sheo Dularey were among the accused, and the acquitted accused Indrapals father Binda was one of the prosecution witnesses in that case. There were two or three proceedings under Section 107, Cr. P. Code, in the years 1954 and 1955 in which Pachchu appellant and the acquitted accused Indrapal were amongst those ranged on one side and the deceased Ram Autar and the said witnesses Ram Manohar and Budhu amongst the opposite side. Raghurai appellant continued to be a party-man of the deceased Ram Autar for he was ranged on the same side with him in one of these security proceedings. There was one other murder, that of one Sheo Mangal of Jharha, a few months before the present murder. Sheo Mangals dead body was recovered in Dehuli. One of the accused in that case was the aforementioned Nanku, brother of the present appellant Sukhlal, and the deceased Ram Autar was one of the prosecution witnesses. The flame of party feeling was fanned by the Panchayat elections in villages Dehuli and Usrehra, which came off towards the end of 1955, and in which the candidates set up by the deceased Ram Autar were successful against those backed by one gajraj Singh (not Gajraj appellant) of Kamalipur, who has a house in Fatehpur.