JUDGMENT

Nanavutty, J - These are six connected appeals from the judgment of the Additional Sessions Judge of Kheri dated. 25th October 1932 filed by seven appellants, viz., Reghubar Dayal, Parbhu Da-yal, Sankata, Daulat alias Malti, Ratan, Babu Ram And Khub Chand. All seven appellants have been sentenced to two years' rigorous imprisonment under Section 147, I.P.C. They have also been sentenced to transportation for life under Section 364 read with Section 149, I.P.C., and they hava further been sentenced to three years' rigorous imprisonment under Section 325, I.P.C., read with Section 149, I.P.C. Eaghubar Dayal, Parbhu Dayal, Sankata, Daulat and Khub Chand have also been sentenced to death for an offence under Section 302, I.P.C., read with Section 149, I.P.C., and Ratan and Babu Ram have been sentenced for an offence under Section 302, I.P.C., read with Section 149, I.P.C., to transportation for life. The reference in confirmation of the death sentences passed upon the five appellants is also before us. The prosecution story is as follows:

2. There are about 10 or 12 houses in village Lohta, police station Nimgaon, sub-district Lakhimpur, District Kheri. This village is five and a half miles to the south-east of police station Nimgaon. There are two houses occupied by two families of Chamars and two other houses occupied by two families of Pasis and the remaining houses in this village are all occupied by Brahmin families. The appellants Raghubar Dayal, Parbhu Dayal, Sankata and Daulat alias Malti are all sons of Bhajan Lal, Brahmin. The father of the murdered man Surja alias Suraj Prasad was the full brother of the father of the witness P.W. 19 Mahadeo; and the grandfather of the appellants Eaghubar Dayal, Sankata, Parbhu Dayal and Daulat was the brother of the grandfather of the witness P.W. 19, Mahadeo. Thus the murdered man Suraj Prasad and the appellants were closely related to one another. The appellant Sankata, aged 40, had a wife named Mt. Jasoda. In December 1931 she ran away from her husband's house, and her husband Sankata filed a complaint under Section 498, I.P.C., against Suraj Prasad, Dwarka and Mt. Bithana. This complaint was compromised on 4th May 1932 [see Ex. 13, p. 16 of the printed record] and it was alleged in the compromise that no dispute remained between Sankata and Suraj Prasad. Nevertheless Suraj Prasad went in fear of his life; on 9th March 1932, Suraj Prasad had filed a complaint under Section 107, Criminal P.C. (Ex. 10, p. 15) against all seven of these appellants and some other persons that they may be bound over to keep the peace with him. A report was called for from the Station Officer of Police Station Nimgaon, and his report is Ex. 25: see p. 19 of the printed record. The Sub-Inspector in charge of Police Station Nimgaon, reported that there was apprehension of a breach of the peace and that proceedings under Section 107, Criminal P.C., should be taken against the accused. These proceedings were started in the Court of the Subdivisional Magistrate of Lakhimpur on 27th May 1932, and the complainant was ordered to file process fees for summoning the accused and to produce his evidence on 17th June 1932.

3. Two days after the hearing of this case Suraj Prasad was murdered in broad daylight in the middle of the day by being dragged from his house and taken inside the house of the accused and his mistress Mt. Jasoda, the wife of the appellant Sankata was also murdered the same day at about the same time and in the same place. Mt. Ganesha, the sister of the murdered man Suraj Prasad, went at once with Pachcha, chaukidar of the village, to thana Nimgaon, and made her report Ex. 4 at 5 p. m. on the afternoon of 29th May 1932, and her report was to the effect that at about noon she and her brother Suraj Prasad were in the house and Suraj Prasad, her brother, was Rating his food when Babu Daulat alias Malti, and Khub Ohand, Brahmans of the village, entered her house and caught hold of her brother;