JUDGMENT

Palok Basu, J. - Liaqat alias Bhagwandeen, his son Badri Ram Prasad alias Prasadi and his brother Babulal have filed this appeal against the judgment and order dated 30.10.1979 passed by Vth Addl. Sessions Judge, Kanpur where by all the appellants have been convicted under sections 302/34I.P.C. and sentenced to life imprisonment and 323/34 I.P.C. sentenced to one year R.I. Both the sentences were directed to be run concurrently.

2. The charge against the appellants was that on 21.11.1978 at about 5.30 P.M. all the four appellants in furtherance of their common intention committed the murder of Shyam Manohar and thereby committed an offence punishable U/s 302 I.P.C. and also caused injuries to Triloki Nath Verma and thereby committed an offence punishable U/s 323/34 I.P.C. It may be mentioned here that the appellant Liaqat and Badri were said to have been armed with knives at the time of actual incident whereas the other two appellants Ram Prasad and Babulal were unarmed.

3. P.W. 1. Triloki Nath lodged a first infonnation report on 21.11.1978 at 5.45 P.M. at police station Babu Purwa, Kanpur alleging therein that his brother Shyam Manohar has been done to death and he was b