( 1 ) THERE are four appellants in this appeal, namely, Satpal, Janeshwar, Virendra Kumar alias Pappu and Madan Pal. They have preferred this appeal against the judgment and order dated 31-10-80 passed by Sri Vishnu Chandra, the then V Additional Sessions Judge, Saharanpur in Sessions Trial No. 226 of 1980. Each of them has been convicted under Section 302 I. P. C. read with Section 34 I. P. C. , 452 I. P. C. and 323 IPC read with Section 34 I. P. C. The sentence of life imprisonment has been awarded to each of them under Section 302 I. P. C. read with Section 34 I. P. C. , two years rigorous imprisonment under Section 452 I. P. C. and one years rigorous imprisonment under Section 323 I. P. C. read with Section 34 I. P. C.

( 2 ) THE incident took place on 6-3-80 at about 8. 30 a. m. in the Gher of deceased Jai Prakash, situated in village Kuradi, Police Station Deoband, District Saharanpur. Jai Prakash was murdered in this incident and injuries were caused to the informant Santosh P. W. 1 - brother of the deceased. The report had been lodged by Santosh P. W. 1 by oral narration at Police Station Deoband on 6-3-80 at 5. 37 p. m. The distance of the Police Station from