JUDGMENT

Dr. B.S. Chauhan, J. —

1. This criminal appeal has been preferred against the judgment and order dated 28.4.2004 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Criminal Appeal No. 956 of 2002 dismissing the appeal against the judgment and order dated 12.7.2002 passed by the Sessions Court, Hardoi, in Sessions Trial No. 108 of 2000 convicting the appellants and co-accused Bhagaloo Singh, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’) and sentencing them to undergo rigorous imprisonment for life.

2. Facts and circumstances giving rise to this case are that:

A) An FIR dated 26.10.1999 was lodged by Rajesh Singh (PW.1) in Police Station-Tandiyanwan, Fatehpur District, Hardoi, against the appellants and two other co-accused Ram Lakhan and Bhagaloo Singh that the said four accused had killed Vinod Kumar on 25.10.1999 at 9.00 P.M. Vinod Kumar, aged 22 years was friend of Raj Kumar, the son of Ram Lakhan, accused, and thus had visiting terms with the family. One day, when he went to the house of Ram Lakhan, accused, he saw Bhagaloo Singh, accused in compromising position with the daughter of Ram Lakhan, accused and reprimande