The first appellant is the father and the second appellant is the son.
Thereafter P.W. 1 and the deceased went to the house of their companysin, P.W. 2 and one Lakshmi also there.
On that day at about 11 a.m. P.W. 5, Uma Prasad, the son of the deceased was taking his buffalo through the follow land of the accused for grazing.
Ramji thereupon seems to have given a few slaps to the second appellant.
At about 2.30 p.m. the two appellants and Lasra arrived there.
This did number hit P.W. 1 but Ramji died on the spot.
The second appellant took objection to it and beat the buffalo and when this was objected to by Uma Prasad he caused two injuries on him with the end of his lathi.
The second appellant and Lasra were said to have exhorted the 1st appellant to kill P.W. 1 and the deceased.
It has been urged vehemently on behalf of the appellants by Mr. Dhingra, appearing as amicus curiae for the appellants, that the first appellant is an old man and he should number, therefore, be sentenced to death.
They and another son of the first appellant, Lasra, were prosecuted for causing the death of one Ramji on 22.8.1969 in the village of Pachokkar in the district of Banda.
Thereupon the 1st appellant fired his rifle at the deceased and fired a second shot at P.W. 1.
The first appellant had a rifle and the second appellant a barchhi and Lasra a lathi.
The sessions Judge companyvicted all the three accused.
Alagriswami, J. This is an appeal by special leave against the judgment of the High Court of Allahabad companyfirming the sentence of death passed on the 1st appellant and the sentence of life imprisonment passed on the 2nd appellant by the Temporary Civil and Sessions Judge, Banda.
Uma Prasad narrated the incident to his father Ramji and his uncle Ram Murti, P.W. 1.
