( 1 ) RAM Nandan, Roop narain, Panna Lai and Lallan were tried and acquitted under section 302. P. C. read with section 34. P. C. by Sessions judge Varanasi vide his judgment and order dated 23. 4. 1981 in S. T. No. 253 of 1980. Government Appeal No. 1687 of 1981 has been filed by the State against the acquittal of the accused. Criminal revision No. 1021 of 1981 has been filed by Chhotey Lal against acquittal. Ram nandan and Lallan were real brothers. Both of them have died during pendency of the appeal and the same abated in respect of them under order dated 28. 2. 2005. Presently, this appellate court is concerned with the remaining two accused respondents Roop Narain and panna Lal, both sons of Lallan.

( 2 ) THE broad features of the prosecution case may be set forth/the incident occurred on 28. 5. 1980 at about 9 p. M. in village Mahgaon (Jogapur), Police station Rohania, District Varanas. F.. R. of the incident was lodged the same night at 0010 hours (29. 5. 1980) by Ram Jeet pw 1 - brother of the deceased Kali charan. The murder allegedly took place on the tubewell channel near Hanuman ji Temple at a distance of about one furlong from the abadi of the village af