JUDGMENT

 Two brothers Govind Narain and Ganesh Narain, (appellants in Criminal Appeal No. 852/ 85, filed under S. 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970) along with their third brother Ram Narain (respondent in Criminal Appeal Nos. 197/ 87 and 279/88) and father Kalu Ram, who died during the trial were tried for an offence under S. 302, I.P.C. in connection with an occurrence which is alleged to have taken place on the night intervening 23rd and 24th June, 1974 at about 1.00 a.m. According to the prosecution case, the deceased Gopi Chand was sleeping in his house when on hearing the barking of dogs, he got up and went out. While he was trying to look for the miscreants on account of whom the dogs might have barked, he was assaulted by all the four accused and pushed into a dry well. He cried for help and the villagers gathered there. Nanda PW 2 was sent into the well to bring out the deceased and after the deceased was so brought out, his brother Mohan Lal PW 17 and others made arrangement for the deceased to be removed to the hospital. PW 17 Mohan Lal claiming to be an eye-witness of the assault on the deceased by all the four accused persons and h