JUDGMENT

K.G. Balakrishnan, J.-These five appellants were found guilty of murder by the District and Sessions Judge, Varanasi, for having caused the death of one Shiv Shankar Singh. They preferred an appeal before the High Court of Allahabad. The appeal was dismissed and the conviction of the appellants under Section 302 read with Section 149 and under Section 323 read with Section 149 IPC was confirmed. The findings of the High Court are challenged before us.

2. Deceased Shiv Shankar Singh was a resident of Phoolpur village in the Varanasi district. On 11.10.1979, there was a Bharat Milap mela at Mangari Bazar. Deceased Shiv Shankar Singh had gone to witness the said mela . There, he met PW-1 Moti Chand. Moti Chand and Shiv Shankar Singh spent some time at the venue of the mela and during night they came to the house of the father-in-law of deceased Shiv Shankar Singh, which was very close to Mangari Bazar. On the next day, i.e. 12.10.1979, at about 8.00 A.M., both Moti Chand and Shiv Shankar Singh left the house on a motorcycle. Moti Chand was driving the motorcycle while deceased Shiv Shankar Singh pillion-riding the same. When they reached near the pumping house of one Bhagg