Judgement

CHANDRACHUD, J.:- On May 27 1971 two persons called Tribeni Sahai and Radhey were shot dead in the town of Dataganj, District Budaun. The four appellants: Balak Ram, Nathoo, Dr. R. P. Kobli & Mohd. Sayeed Khan alias Banney Khan were tried along with two others by the learned Sessions Judge, Burden, for various offences in connection with that incident. Balak Ram was convicted under section 302 of the Penal Code and was sentenced to death. He was also convicted and sentenced under Section 337 read with Section 149 for causing injuries to Jhilmili and Ram Prakash and under Section 148, Penal Code. The learned Judge acquitted the other five accused of all the charges. Out of these five, we are now concerned with Kailash whose acquittal is not under challenge and with Ahmed Sayeed Khan alias Pearey Mian who died during the pendency of the proceedings in the High Court of Allahabad.

2. The High Court by its judgment dated December 22, 1972 confirmed the conviction of Balak Ram and the sentence of death imposed on him under Section 302 as also his conviction under Section 148. The High Court altered his conviction under Section 337 read with Section 149 to one under Section 307 r