DESAI, J.

( 1 ) RAM Bali Singh, Harbans Singh and Param Sukh Lal appeal from a judgment of a Civil and sessions Judge of Banaras convicting them under Section 302, Penal Code, and sentencing the first to death and the others to transportation for life. The appellants live in village Thana and are said to be friends. The first two are Thakurs but no relationship exists between them, and the third is a Kayastha. Achaibar Singh, mukhia of the village, is a collateral of Harbans Singh and has disputes with him over joint land. The disputes were referred for arbitration of a Panchayat consisting of five men. Harbans Singh claimed the right to nominate all the five panches himself but was made to agree that one Panch at least should be nominated by Achaibar Singh. Accordingly Harbans Singh nominated four Panches one of whom was Uma Shankar while achaibar Singh nominated Nankoo Singh deceased. There is a Gram Sudhar and Panchayat in the village of which Param Sukh Lal was the Vice-President and P. W. Mohammad Akil the secretary. Nankoo Singh had previougly been a member of the Panchayat but was not a member at the time when the occurrence took place. He was, however, a very peace-loving e