Judgment

VARADARAJAN, J.:- This appeal has been filed against the judgment of the Allahabad High Court in Government Appeal No. 6 of 1970 in which the appellants were found guilty of offences under Ss. 302, 323, I.P.C. both read with S. 149, I.P.C. and under S. 147, I.P.C. They have been sentenced to imprisonment for life under S. 302 read with S. 149, I.P.C. and to rigorous imprisonment for one year each under S. 323 read with S. 149, I.P.C. and S. 147, I.P.C. The appellants were acquitted by the learned Sessions Judge, Azamgarh. Government Appeal No. 6 of 1970 was filed against the acquittal by the trial Court.

2. The case of the prosecution has been set out in detail in the judgment of the trial Court and the High Court and we do not think it necessary to set it out in detail. in this judgment. In short the case of the prosecution is that the appellants Kedar Rai, Subedar Rai and Ram Avtar Rai are brothers who live in the same house situate about 30 steps south of the house of the deceased, Radhe Raman who was the youngest son of Swami Nath, P. W.1. The appellants Udho Rai and Ramesh Rai are brothers who are living close to the house of the deceased and P. W. 1. There were some pr