( 1 ) THIS criminal appeals is directed against the Judgment and order dated 24-11-1978 passed by the Sessions Judge, Kanpur, in Sessions Trial No. 199 of 1977, whereby he recorded conviction of the appellants 1 and 2 under S. 302, I. P. C. and appellant 3, under S. 302 read with S. 34, I. P. C. , for committing murder of Budhai and his wife Smt. Bhanumati, and sentenced each of them to life imprisonment on each count. The sentences were ordered to run concurrently.

( 2 ) THE gravamen of the charge is that on 7/04/1977, at about noon in village Neoraj, P. S. Kakwan, district Kanpur, in furtherance of common intention of all, the appellants Kunwar and Lajjaram committed murder of Budhai and his wife Smt. Bhanumati. The appellant 3 Chhidda had exhorted the other two appellants to commit the said murder.

( 3 ) THE aforesaid double murder took place in village Neoraj within the limits of P. S. Kakwan, district Kanpur. This tiny village is situate at a distance of 8 miles towards west from P. S. Kakwan. The appellants 1 and 2 i. e. Kunwar and Lajjaram, are sons of the appellant 3 Chhidda who also describes himself by alias name Chhedilal. They are residents of village N