JUDGMENT

K. Venkataswami, J-Thisappeal is preferred under Section 379 of the Code of Criminal Procedure in connection with a double murder which took place at about 10.00 a.m. on 26.4.79. Seven accused, namely, Sirajul Haq, Abdulas, Anwar ALi Zainul Abdin, Yunus, Haroon and Baitullah, were charged under Section 147,148,302 read with Section 149, I.P.C. The case of the prosecution as called out from the paper book is as follows

2. On the fateful day the deceased Nabi Rasool, brother of Informant in the case and another deceased Nisar Ahmed, cousin of the informant, were going from east to west in Chhithi village within Mahuli Police Station, Basti District. When all the accused were concealing their presence behind a Masjid, which was on the eastern side of the house of Sirajul Haq accused As soon as both the deceased reached near the Masjid. Accused 1 3 and 4 gave a lalkara to kill the accused. On this, the deceased raised alarms and ran towards the north of the Masjid. At that time PWS 2, 3, and 4, who were sitting at the door of one Abdul Rashid, ran towards them. In the meantime, A-2 dealt a spear blow on the chest of Nisar Ahmad. On account of that, he fell down in the field of