AGARWALA, J. :- Behari; Kaddey and Tota, all residents of Aghapur, police station Milakpur, district Rampur, have appealed against their conviction under S.302, IPC and sentence of death. There is also before us a reference for the confirmation of the sentence of death.

2. The prosecution case against the appellants was that Tota appellant, aged 20 years, a gardener, was on visiting terms with the deceased Khargi, a barber. For some time past Tota started to associate with Behari and Kaddey, appellants, and severed his connection with Khargi deceased. This was not liked by Khargi and he asked Tota to pay visits to him. Upon this there was an exchange of abuse between the deceased and the appellants and the relations between the parties became strained. On 22-8-1950 a little after sunrise the three appellants went to the choupal of the deceased armed with lathis and started belabouring the deceased. A river flows below the choupal of the deceased. After receiving injuries the deceased fell into the river. The appellants assaulted the deceased with lathis even after he had fallen in the river till he died and was drowned and body was washed away by the river

3. The villagers s