JUDGMENT:- This appeal by special leave is directed against the judgment of the High Court dated 29th April, 1987 upholding the judgment of the trial Court dated 19th September, 1985 whereby the appellants were convicted for an offence under Section 302/34, IPC and sentenced to imprisonment for life.

2. On 4th February, 1982 at about 5.30 p.m. one Elem Bux Molla, owner of a brick kiln at Dhib Dhipa was on his way to Dhib Dhipa Bazar for taking tea and snacks when he was accosted by 4-5 persons, including the appellants herein. Appellant No. 1 fired upon him with his gun as a result of which he fell down. Appellant No. 2 slit the throat of Elem Bux with a knife and after raising slogans Inquilab Zindabad all the miscreants including the appellants fled away. According to the prosection story PW-3 and PW-6, both employees of Elex Bux, witnessed the occurrence. Din Mohammad, PW-1, another employee of the deceased heard the sound of gun shots coming from the side of Dhib Dhipa Bazar and he ran towards that place from the field where he was working. On reaching Harwa-Lauhati Road he saw some 4-5 persons running away towards the north along Boalghata Road shouting slogans Inquilab Zin