( 1 ) THIS is an appeal against the judgment and order dated 3-2-1981 passed by Sri C. P. Misra, the then Addl. District and Sessions Judge, Varanasi thereby convicting the appellants of the offences punishable under Section 302 read with Section 149, I. P. C. and sentencing them to undergo imprisonment for life. The appellants have further been held guilty of the offence punishable under Section 323 read with Section 149, I. P. C. and have been sentenced to undergo R. I. for a period of one year each. The appellants have further been sentenced to undergo R. I. for a period of one year each for the offence punishable under Section 147, I. P. C. All the sentences have been made to run concurrently.

( 2 ) FACTS leading the prosecution of the appellants are that on 11-10-1979 the informant Moti Chand had gone to see the Mela of Bharat Milap at Mangari Bazar, P. S. Phoolpur, Varanasi. There he met Shiv Shankar Singh (deceased) son of Sadaphal Singh, resident of Village Bhanpur, P. S. Phoolpur as he had also come to see the said Mela. They both remained there together. Shiv Shankars father-in-laws house was in the same Mangari Bazar and so after seeing Mela they both went