( 1 ) THIS appeal has been preferred against the judgement and order dated 17-11-89, passed by Sri U. C. Saxena, the then Special Judge (D. A. A.)/iiird Additional Sessions Judge, Etah in Session Trial No. 144 of 1987, whereby appellant Parshu Ram has been convicted under Ss. 302, 395, 307/149 and 148, I. P. C. and sentenced to imprisonment for life, 7 years R. I. , 4 years R. I. andone years R. I. respectively, while Babu Ram has been convicted under Ss. 302/149, 395, 307/149 and 147 I. P. C. and sentenced to life imprisonment, 7 years R. I. , 4 years R. I. and six months R. I. , respectively. The other appellants have been convicted under Sections 302/149, 395, 307/149 and 148, I. P. C. and sentenced to imprisonment for life, 7 years R. I. , 4 years R. I. and one years R. I. , respectively and all the sentences of each of the accused appellant were directed to run concurrently.

( 2 ) THE prosecution case as set out in the F. I. R. lodged by Kishan Lal at 5. 10 a. m. on 24-7-87 at police station Malavan, District Etah, is that all the accused persons and Kishan Lal informant are residents of village Saithari, P. S. Malavan, District Etah. Accused Parshu Ram and Am