JUDGMENT

Bennett and Misra, JJ. - In this case there are three Appellants of whom Ram Lal and Chet were sentenced to death and the third, Dwarka to transportation for life u/s 302 of the Indian Penal Code. Ram Lal and Dwarka are brothers, and the lesser sentence was imposed on Dwarka as he appeared to have acted tinder the influence of his elder brother, Ram Lal. The Sessions Judge has also referred the case for confirmation of the death sentence.

2. The Appellants were convicted for attacking a man named Barkau Singh on the evening of the 27th January, 1941, and inflicting such injuries upon him as to cause his death the following morning.

3. According to the prosecution story the deceased, Barkau Singh, and his brother, Babu Singh were looking after the sir cultivation of their father, Kehri Singh, in Giglapur where the Appellants live. In the morning of the 27th January Barkau Singh is said to have caught a man named Maiku, brother of Ram Lal and Dwarka, cutting his arhar crop and to have given him a beating. Barkau Singh is alleged to have been attacked by the Appellants later in the day in revenge for the heating which he gave Maiku.

4. Babu Singh was with Barkau Singh when the at