( 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