( 1 ) THESE are two connected appeals, one by Prem alias Prem Narain, and the other by Nanhey, who were both tried by the learned Sessions Judge of Shahjahanpur at one trial held in May, 1956. Prem was convicted under Section 302 of the I. P. C. for having murdered one Lallan by shooting him with a pistol at about 10-30 p. m. on the 31st of October, 1955, in Mohalla chaukasi in the city of Shahjahanpur, and sentenced to death for that offence. Nanhey was charged under Section 302 read with Section 34 I. P. C. , for having partaken in the common intention of Prem to murder Lallan. The learned Sessions Judge held Nanhey guilty alternatively under Section 302/114 I. P. C. , and sentenced him to imprisonment for life. Prem gave out his age as 15 or 16 years, but the learned Sessions Judge thought he was 20 years of age. We ourselves had him before us and we were of the opinion that Prem was nearer 17 than 20 years of age. Nanhey gave his age as 17 years but the learned Sessions Judge thought he was about 20 years of age. We have not had the advantage of seeing him, for he was not before the Court when these appeals were heard by us. Both the appellants were in any case very