ORDER :

1. The present criminal appeal under Section 374(2) Cr.P.C. has been filed against the judgment and order dated 9.2.1998 passed in Session Trial No. 628 of 1994 by Shri R.S. Pandey, 1st Additional Sessions Judge, Unnao acquitting the accused Ram Bilas, Kamlesh and Surya Narain. The other five accused-appellants were convicted and sentenced under Sections 302/149 of Indian Penal Code (hereinafter referred to as IPC) to life imprisonment and fine of Rs. 2000/- and in default to pay the fine, six months of rigorous imprisonment was imposed and under Section 148 IPC the appellants were convicted to undergo one year rigorous imprisonment.

2. In short, the prosecution story as per the written report is that PW-1 Chunnu Pandey, while he was returning with his Uncle Swami Dayal (deceased/victim) from Achalgunj Block after attending the meeting of Block Development Committee to village Nibayi on bicycles then around 6 p.m. within the boundaries of village Singaha near Munnu Singh's tubewell, Madan son of Ram Bilas and Dinesh Son of Shiv Dutt having Kantas in their hands, Ram Vilas Son of Daya Shanker armed with Katta and Shiv Dutt, Son of Daya Shanker armed with Tabbal appeared from b