By the Court.—This is an appeal under Section 374(2), Cr.P.C. by Amar Pal Singh, Jai Pal Singh, Harpal Singh, sons of Ganga Ram Singh Jat, and Harbansh Singh son of Thana Singh against judgment and order dated 5.11.1981 passed by the Addl. Sessions Judge II, Moradabad in S.T. No. 593 of 1978, State v. Jai Pal Singh and three others, whereby he has convicted appellant No. 1 Amar Pal Singh under Section 302/34, I.P.C. and 307, I.P.C. and sentenced him to life imprisonment and five years rigorous imprisonment respectively, whereas appellants Jai Pal Singh, Harpal Singh and Harbansh Singh have been convicted under Section 302/34, I.P.C. alone and sentenced to life imprisonment. The case relates to police station Hasanpur district Moradabad and has arisen out of crime No. 149 of 1978.

2. The prosecution case in short is that on 14.7.1978 at about 3 P.M. in village Hafijpur within the circle of police station Hasanpur district Moradabad one Khem Singh, father of Chetan Singh was done to death at Rathkhana (chariot yard) of Ram Kunwar P.W. 2. It was alleged that deceased Khem Singh was named as accused in murder case of Chandra Bhan who was related to the present appellant. He was