( 1 ) THIS appeal has been preferred by appellants Rashid and Shazid against their conviction under Section 302 read with Section 34, I. P. C. and sentence of life imprisonment by the judgment and order dated 25-10-1980 passed by Sri I. P. Singh, IVth Additional Sessions Judge, Meerut in S. T. No. 253 of 1980.

( 2 ) THE prosecution case, in brief, is that at about 6. 15 a. m. on 22-3-1980 Ishwar Singh was returning after having eased himself in the field situate on the East of Rajbaha (canal drainage) along with Rishi Pal, Brijpal Singh, Kiran Singh, Dhara and Jagvir Singh. As he was trying to cross on the footpath of this drain, he was fired upon by Rashid and Shazid. These two appellants were covering themselves with a cotton sheet. Their eyes were only exposed. The weapons were concealed underneath the cover. The incident was witnessed by the above said persons. Out of them P. W. 1 Rishi Pal, PW 3, Brijpal Singh and PW 4, Kiran Singh were examined by the prosecution as eye witnesses of the incident. Ishwar Singh, deceased fell down on the Patri of the drain and he was placed on a cot and brought to the house of the deceased. From there he was placed on a tractor and an attempt w