Roy, J.

[1] Mahendra Pal son of Mittar Singh, aged 19, by caste Brahmin, resident of village Bhojpur, within police circle Awagarh in district Etah, and Bhagwati Prasad son of Salig Ram, aged 40, by caste Brahmin, resident of village Memda within police circle Sidhpura in the same district, have been competed by the Sessions Judge of Etah under Section 302/34, I. P. C., for the murder of one Thakur Fateh Singh, a member of the U. P. Legislative Assembly on the night between July 1 and 2, 1953, at 2 A. M. in 'ahata' Ram-chandraniwas, at a distance of about one furlong from police station kotwali, Etah, by shooting him with a pistol in furtherance of the common intention of both. The actual shooting said to have been done by Mahendra Pal. Bhagwati Prasad is said to have been present by the side of Mahendra Pal armed with a lathi at the time of the occurrence giving Mahendra Pal "a moral support" as the learned Sessions Judge has found. The learned Sessions Judge awarded the sentence of death to Mahendra Pai and the sentence of transportation for life to Bhagwati Prasad. They have appealed against their conviction and sentence. There is also a reference by the learned Sessions