JUDGMENT

H. C. Mital. J. - Manraj and Gorakhnath have preferred this appeal against their conviction and sentence under section 302 read with section 34 I.P.C. to life imprisonment passed by Sri. S.N. Lal, II Additional Sessions Judge, Azamgarh on 28.9.1978.

2. The prosecution case, in brief, is that the accused had suspicion that Phool Chand, brother of Manraj, was arrested in a dacoity case at the instance of Balram, deceased. On 13.8.1977, Balram had gone to Shahganj district Jaunpur and on his way back from the market when he reached near a pond in the Siwan of village Chulpura, he was amubushed by Manraj and Gorakhnath, Manraj pressed his throat and Gorakhnath threw him down by his waist anti thereafter both of them threw the deceased, Balram, in the pond. According to P.W. 1 Accheraj, Brother of the deceased, while he was in his field he heard the cry of his brother and he along with others went towards that side and witnessed the occurrence. Accheraj brought out the dead body from the pond and after handing over the body to his mother he along with others chased the accused. He succeeded in capturing them in a sugarcane field in the adjoining village Larpur.

3. Thereafter a