Judgment

Syed Shah Mohammed Quadri, J. -The six appellants in this appeal challenged the judgment and order of the High Court of Judicature at Allahabad dismissing the appeal, Criminal Appeal No. 1504 of 1980, on 23.12.97 and confirming their conviction and sentence awarded by the Additional District and Sessions Judge-VII, Farrukhabad at Fatehgarh.

2. The gravamen of the charge against the appellants is that in the intervening night of 25th and 26th June, 1979, one Sayeed, his father, Waheed Bux (P.W. 4), his servants Lalla Ram (P.W. 2) and Shri Krishna (not examined) were sleeping in the mango grove of Rameshwar Dayal in village Barua Bagat, P.S. Kamal Gunj, District Farrukhabad. The appel­lants A-1, A-4 and A-6 were armed with lathi, A-2 and A-3 were armed with kanta and A-4 was armed with knife attacked and killed Sayeed by causing injuries with the weapons they were carrying. When his father Waheed Bux (P.W. 4) tried to save him, he was also given blows causing as many as a dozen injuries to him. When his servant Lalla Ram (P.W. 2), tried to intervene he was also beaten up causing simple injuries to him. Dr. Arjun Kumar (P.W. 3) who examined P.Ws. 2 and 4 on the next day of the