JUDGMENT

Hon. Palok Basu, J. - This appeal has been filed by Harban Sahai, Sarwan Sahai (both brothers) Virendra and Vimlesh, who is nephew (Bhanja) of appellants No. 1 and 2, against their conviction under section 392/34 I.P.C. and sentence of imprisonment for life awarded to them by the VI Additional Sessions Judge, Shahjahanpur on 16.2.1979 in Sessions Trial No. 418 of 1978.

2. The charge against the appellants was that on 16.1.1978 at about 4.30 P.M. they in furtherance of their common intention caused the murder of one Jagdish Prasad in village Kamalnainpur, falling within police station Kanth, District Shahjahanpur.

3. The prosecution case as disclosed by Shashi Bhushan, informant, who is said to have lodged a First Information Report about the incident on 16.1.1978 at 6.30 p.m. is that he and Jagdish Prasad were returning from Shahjahanpur and when they reached the sugarcane filed of one Maiku at about 4.30 p.m., the appellants came out of that field, from the sugarcane plants. The appellants Harban Sahai Vimlesh were having guns whereas the other two and lath is. Sarwan Sahai and Virendra exhorted that today the death of the father should be evenged and the deceased should