V. N. Varma, J.

1. THIS is an appeal from the judgment and order of Sri B N.Mohilay, IV Additional Sessions Judge, Aligarh by which he convicted the appellants-Tula Ram, Kalyan Singh alias Kallu, Mahraj Singh, Gajraj Singh and Shiv Raj Singh-under Sections 302/149 and 307/149 I. P. C. and sentenced each one of them to imprisonment for life under the first count and seven years' R. I. under the second count. Tula Ram and Kalyan Singh alias Kallu were further convicted under Sec. 147 I. P. C and were sentenced to one year R. J. each while Mahraj Singh, Gajraj Singh and Shiv Singh were convicted under Sec. 148 I. P. C. and were sentenced to two years' R. I. each.

2. THE person who lost his life in this case was one Boondi Singh. He was resident of village Mehka, P. S. Atrauli, district Aligarh. THE appellants also are residents of village Mehka. They belong to one family-appellant Tula Ram being the father and the other appellants his sons. Boondi Singh deceased was the nephew of appellant Tula Ram. THE house of tine appellants is quite close to the house of Boondi Singh deceased.

One Yogendra, a teen aged boy, is the grandson of appellant Tula Ram. Gambhir Singh and Pratap Sin