( 1 ) THIS appeal has been directed against the judgment and order dated 26th Feb. 1981 passed by Sri Prem Singh, the then Sessions Judge, Ghazipur in Sessions Trial No. 176 of 1979. The appellants are Ram Muni Yadav, Kishore Yadav, Shyama Yadav, Phool Chand Yadav, Hardeo Yadav and Daya Ram Yadav. Appellants Nos. 1 to 3, namely, Ram Muni Yadav, Kishore Yadav and Shyama Yadav are real brothers being the sons of Jagpat Yadav. All the appellants have been convicted under Section 302, I. P. C. read with Section 149, I. P. C. and sentenced to life imprisonment. Ram Muni and Phool Chand have further been convicted under Section 148, I. P. C. and each sentenced to two years rigorous imprisonment. The remaining four, namely, Kishore, Shyama, Hardeo and Daya Ram have been convicted under Section 147, I. P. C. with one years rigorous imprisonment for the said offence. All the substantive sentences have been ordered to run concurrently.

( 2 ) THE incident took place on 3-6-1978 at about 12 Oclock in the noon in village Singhpur, Police Station Saidpur, district Ghazipur. The distance of Police Station from the place of occurrence was three miles and the F. I. R. was lodged the same day at 2. 50 p. m. by the deceased Dular himself.

( 3 ) THE relevant facts may be stated briefly. All the appellants are the desen-dents of a common ancestor. Smt. Mulia was the daughter of appellant Shyama Yadav. Before her second marriage (Gauna), she became pregnant. A Panchayat in the matter was held six months before the incident wherein she admitted her illicit connection with Dular deceased. The result was that the husband of Mulia refused to take her with him. For sometime she was sent to live with a relation but subsequently she was married in Court with one Raja. On this account the appellants bore grudge against Dular. Because of this enmity, the appellants started grazing and uprooting crops of Ram Nandan P. W. 1 father of the deceased. He lodged a complaint in that connection, but the same was dismissed. the appellants often threatened Dular and he had made applications to the District Magistrate and Superintendent of Police. Ghazipur in this behalf. This was the previous background.

( 4 ) DULAR used to work at a canal. On the fateful day, he went to his work as usual at 6 A. M. At about 12 O clock in the noon he was coming back to his home. At that time, Ram Nandan P. W. 1 and Bhimli, father-in-law of Dular were sitting at the well adjoining the house of the former. No sooner Dular came at the spot which was the turning point of village path, all the six appellants armed with lathis, spear and Gandasa surrounded and attacked him. Ram Muni held a Gandasa. Phool Chand held a spear while the rest had lathis. To save his life, Dular ran towards Parti of Hannu. The appellants followed and beat him there too. Munni Lal P. W. 2 and Smt. Murti also reached there. The assailants then retreated. The witnesses carried the injured Dular to the house of Ram Nandan P. W. 1 where Dular dictated the report of the incident to Lalji. With the written report, Ram Nandan P. W. 1 and other witnesses took Dular to the Police Station Saidpur where the report was handed over to Head Moharrir R. N. Pandey P. W. 8 at 2. 50 P. M. A case was registered and Constable Talaqat Ali P. W. 6 was deputed to take Dular to P. H. C. (Primary Health Centre) Saidpur. Unfortunately, none of the two Doctors was present there. Mahfuzul Rehman, P. W. 9, Pharmacist of PHC referred the injured to Sadar Hospital, Ghazipur. He was taken to Ghazipur by bus, but on reaching the hospital Dr. K. K. Srivastava P. W. 3 found him dead. He accordingly, sent a note to Kotwali, Ghazipur, informing about this death. SI V. P. Singh P. W. 7 of P. S. Kowali went to the hospital to complete the formalities of the preparation of inquest report and sending the dead body for post-mortem. The investigation was taken up by SI B. K. Tiwari P. W. 4, Station Officer of P. S. Saidpur.

( 5 ) THE post-mo