JUDGMENT

S. A. BOBDE, J.

1. This is an appeal by four persons who have been added as accused under Section 319 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.') in Sessions Trial No.446/2002 for an offence under Section 302 read with Sections 149 and 323 of the Indian Penal Code, 1860 (for short 'the IPC') and Section 27 of the Arms Act, 1959. The trial is being held in respect of the murder of one Saryug Yadav. On 04.06.2000, FIR was lodged by an informant under Sections 149, 302 and 323 of the IPC against 8 accused. A charge-sheet was submitted on 23.04.2001 only against four persons. Later on, a supplementary charge-sheet was submitted on 31.01.2003 by which one Bhankhar Yadav was included. A final form was submitted excluding the four appellants herein viz. Jogendra Yadav, Kailash Yadav, Kusum Pahalwan, Brijendra Yadav from the array of parties. On 18.02.2003, the Magistrate accepted the charge-sheet and the final form while taking cognizance of the offence. The case was committed to the Court of Sessions.

2. In the course of the trial, the evidence of the widow and two sons of the deceased were recorded. On the basis of the evidence the Additional Sessions Judg