( 1 ) THE appeal has been filed by Chandrabhan and Ram Sajiwan against the order and judgment dated 3-2-1979 of the Addl. Sessions Judge, Kanpur in sessions trial No. 406 of 1978 convicting them under Section 302/149 I. P. C. and sentencing each of them to life imprisonment for committing the murder of Ashok. They have further been convicted under Section 307/149, i. P. C. and sentenced to seven years R. I. each for making the murderous assault on Dr. Bhanchandra, They have also been convicted under Sections 452 and 148 I. P. C. and sentenced to two years: R. I. and one years R. I. respectively. All the sentences have been directed to run concurrently. The revision has been filed by Dr. Bhanchandra, the injured against both the accused persons for enhancement of their sentences.

( 2 ) THE prosecution story, as revealed in the first information report and by the prosecution evidence briefly stated, is as follows, There is a small town of Maitha within the police circle, P. S. Sheoli, District Kanpur, It has a railway station. Dr. Bhanchandra is a respectable citizen of that place. He is also a medical practitioner and was having good practice. He has a good residenc