JUDGMENT

S.B. Sinha, J. - Accused No. 1 -Premnarain and accused No. 3- Jagdish before the trial Court are before us against the judgment of conviction and sentence passed under Section 304 (II) of the IPC whereby they were sentenced to undergo five years’ rigorous imprisonment.

2. Accused No. 1, the appellant herein together with accused No. 2- Ramcharan, accused No. 4- Parmeshwar and Accused No. 6-Chunnilal was prosecuted for committing the murder of Gopal Singh. Accused Nos. 5 and 6 were acquitted by the learned trial Judge. Accused No. 2 and accused No. 4 have been acquitted by the High Court.

3. The first informant -Ganeshi Bai is the wife of the deceased Gopal Singh. As per the First Information Report, the incident occurred at about 11 a.m. on 6.7.1985. From a perusal of the First Information Report, it appears that allegations were made that at 9 a.m. Prem Narain and Parmeshwar came to her house and asked her husband as to where he had been in the previous night. According to the deceased he was in Barelly. Parmeshwar asked her husband to come to Bareli to which he replied that he could come a little later. At about 11 a.m. her husband left for Barelly and in the lane(Gali) Ram