JUDGMENT

Chowdhry, J. - These are two appeals from judgment and order of the learned Sessions Judge of Gorakhpur, dated 20-11-1955. One, which is appeal No. 1804 of 1955, is by the 14 men Guchun Misir, Shivraj Misir, Ram Avadh; Palakdhari, Ram Nawal, Bire alias Birbal, Deoki, Jiau, Jattan, Bishwanath son of Ram Baran Referred to hereinafter as Bishwanath I), Prahlad, Mahatam, Murti and Brijbhushan, and the other, which is appeal No. 1805 of 1955, by the two men Bishwanath son of Sitararn (referred to hereinafter as Bishwanath II) and Narbadeshwar.

2. Guchun and Shivraj have been convicted u/s 302, IPC and sentenced to death while the remaining; 14 have been convicted u/s 302, read with Section 149, IPC, and each of them has been sentenced to imprisonment for life. All the 16 Appellants have been further convicted under Sections. 435, 324 and 323, read with Section 149 IPC. and under Sections. 148 and 379, IPC, and each of them has been sentenced on these accounts to rigorous imprisonment for 2 years 1 years, 6 months, 2 years and 1 year respectively. Ten others tried along with the Appellants were acquitted. The record is also before us for confirmation of the sentences of death.

3. The Appellants belong to seven villages situate within a radius of 6 miles from Madanpura, the village of occurrence. Guchun, Shivraj and Narbadeshwar, who are brothers belong to Rudrapur. Palakdhari, Ram Nawal, Deoki, Prahlad, Mahatam, Murti and Brijbhushan belong to Madanpura. Of these Ram Nawal is a brother of Murti and Prahlad a brother of Brijbhushan. Bire and Bishwanath I are residents of Sahulakhor, the former being an uncle of the latter Ram Avadh is a resident of Sonari. Jiau of Mandhari, Jatan of Majgawan and Bishw Nath II of Garaina.

4. Before proceeding further reference may be made to two families of Madanpura. One, which may be called the family of the victims, consisted of the four brothers Tikadhari, Ram Charan, Ram Naresh (P.W.12) and Jaldhary (P.W.13) the first two of whom were killed and the last two injured. Tilakdhari's son is Suraj Narain (P.W.1) and the latter's wife Smt. Gena. The other family consisted of the six brothers Dalsingar, Ram Niwas, Matabadal, Bharosa, Rikhnath and Subhag, none of whom, it is said, had any issue. Their sister, Sarjudevi, was married to one Ram Sundar and they have a son Avadh Behari (P.W.22)

5. The prosecution suggest a two fold motive for the commission of the offences in question. The first concerns a dispute relating to the property of Dalsingar and his brothers. Dalsingar made a gift of his share to Ram Sundar by a registered deed Ex. P33 dated 18-l-1955, and Ram Sundar in his turn gifted that property to his son Avadh Behari (P.W.22) by another registered deed Ex. P34 dated 6-2-1945. The last surviving brother was Ram Niwas on whose death in 1945 Avadh Behari (P.W.22) applied for mutation of his name on the property left by him, and objections were filed by a number of persons, including the Appellant Bishwnath I and his mother Janakraji. Janakraji claimed (according to Avadh Behari (P.W.22) falsely to be the daughter of Ram Niwas. Neither of the rival claimants was able to look after his interests in the mutation case. Avadh Bihari (P.W.22) because he was a clerk in Gorakhpur and the Appellant Bishwanath I, who resided in Sahulakhor, 5 miles away, because he lacked funds. Each of them therefore enlisted support of persons to look after their respective interests in the mutation case. Avadh Behari P.W.22 did so by creating occupancy rights in two bighas in favour of Smt. Gena, wife of Suraj Narain (P.W.1) by a registered deed Ex.P14 dated 22-8-1949. He thus secured the help of the four brothers who were the victims of the assault in this case. The Appellant Bishwanath I and his mother Janakraji made a sale of half the disputed property by means of a registered deed Ex. P35 dated 19-7-1947 in favour of the Appellants Guchun and Shivraj and their brothers Sheopujan and Brahmadeo in consideration of