Ram Naresh Thakur, Phani Bhushan Prasad, JJ.

1. All the four appellants have been convicted under Sec.302/34 of the Indian Penal Code for committing the murder of Kedar Upadhya and each of them has been sentenced to undergo rigorous imprisonment for life. Appellants Sudarshan Ahir and jatadhari Ahir have been further convicted under Sec.27 of the Arms Act and sentenced to suffer rigorous imprisonment for three years each. The sentences awarded to these two appellants under the aforesaid two counts have been directed to run concurrently.

2. The prosecution story, as told by P. W.12, is that on 3rd June, 1980, his cousin Kedar Upadhya had gone to village yar at about 4.30 p. m. for bringing his cow which he had entrusted to devi Dayal (D. W.1) for grazing. The informant (P. W.12) and his nephew hira Shankar Upadhya (P. W.5), the son of the deceased, were casing in a field at about 6.30 p m. At that very time they found Kedar Upadhya returning from the side of village Yar. When Kedar upadhya reached near the Karha which is in the north of a well of his village, these appellants came there all of a sudden from the side of Rehat and surrounded the deceased. They all started assa