( 1 ) THE appellants Madan Rai and three others tried by the Sessions Judge, Ghazipur in S. T. No. 150 of 1984 were convicted as under : Accused Madan Rai was convicted under Sec. 302, I. P. C. and sentenced to imprisonment of life and convicted and sentenced to two years R. I. under Section 440, I. P. C. and a fine of Rs. 500. 00. In default of payment of fine, R. I. for three years.

( 2 ) APPELLANTS Sachidanand Rai, Ras Behari Rai alias Panda and Janardan Rai were convicted under Section 440, I. P. C. and sentenced to two years R. I. and a fine of Rs. 500. 00. In default of payment of fine, three months R. I. All the sentences to run concurrently.

( 3 ) GOVERNMENT Appeal No. 2166 of 1985 is directed against the same judgment and order against the acquittal of the appellants Ras Behari Rai alias Panda, Sachidanand Rai and Janardan Rai under Sections 302/34, I. P. C.

( 4 ) THE occurrence took place on 11/05/1984 at about 6. 30 p. m. in village Lauwadih P. S. Bhanwarkol Distt. Ghazipur when all the accused appellants are said to have fallen the wall by which a door had been closed by Rama Kant, father of the deceased Jai Ram Rai. It is said that appellant Madan Rai