(1) RAM Chandra was subjected to violent death at about 10 or 10.30 p.m. on 12/6/1977 in the courtyard of his own house at Village Gudera. His brother Ram Saran Public Witness 1 received two injuries in the same incident. Both the appellants along with Ram Mohan and Rabudi alias Pratap Narain were challaned in that connection by the police, after investigation which started after lodging of the FIR on 13/6/1977 at 6.30 a.m. at police outpost Amritpur, at a distance of about 8 miles from the place of occurrence on the statement of Ram Saran, Public Witness 1, the injured witness. They were put on trial. The learned Sessions Judge, vide judgment dated 6/9/1978 acquitted Ram Mohan and Rabudi but convicted both the appellants. Ram Dev was convicted for an offence under Section 302 Indian Penal Code for the murder of Ram Chandra and also for an offence under Section 307 read with Section 34 Indian Penal Code in respect of the injuries caused to Ram Saran, Public Witness 1. Sudhakar was convicted for an offence under Section 302 read with Section 34 Indian Penal Code in respect of the murder of Ram Chandra and under Section 307 Indian Penal Code for the injuries caused to Ram Sar