( 1 ) THIS criminal appeal is directed against the judgment of conviction and order of sentence both dated 24-1-1980 vide which the appellants were convicted and sentenced as under by Sri S. S. Gupta, IV Addl. District and Sessions Judge, Varanasi :-3. PEDEGREE TABLE NO. 5 : Chhedi Hasan alias Chhedi (accused-appellant) is not related to any body but allegedly belongs to the group of Habibullah. 4. Short fact of this case as revealed in the testimony of three eye-witnesses namely : Chhedi PW 1, Jadu Nath PW 2 and Ilias PW 3, are that Yusuf and Habibullah accused resided in village Belaudi PS Mirza Murad, District Varanasi. There was a long standing enmity between them and Habibullah on account of land and construction of house. Due to this reason there were two parties, one led by Yusuf and the other headed by Habibullah. 5. On 1-5-1977 at about 7 a. m. members of the family of Habibullah namely, his wife Mst. Kusum and his son Niyamat were stacking bricks in the dilapidated house situated in the west of his house. Ilias and family members of Yusuf asked them not do so. Thereupon, Niyamat, Samad, Yunus, Rashid, Chhedi, Shamsuddin, Sadruddin and Ekram arrived and star