Hon’ble Shri Kant Tripathi, J.—Heard Mr. Jai Narayan, the learned counsel for the appellant Nos. 1 and 3 and Dr. Abida Syed, the learned Amicus Curaie appointed by this Court and the learned A.G.A. for the State and perused the lower Court record.

2. The appellants Nandan, Chhedu, Shrikishan and Subedar have preferred this appeal against the common judgment and order dated 3.2.1982 rendered by Shri K.M. Chaturvedi, the then VIth Additional Sessions Judge, Fatehpur in Sessions Trial No. 414 of 1980 and Sessions Trial No. 83 of 1981, whereby he has convicted the appellants under Section 307/34 IPC and sentenced each of them to under go rigorous imprisonment of seven years.

3. According to the prosecution story, in the night between 12/13 October 1979, the complainant Jagannath @ Bhagat alongwith his son PW-1 Sohan Lal had gone for watering his paddy field from the canal within the limit of village Suswan Buzurg. After watering the field, when the complainant and his son were coming back and reached in front of the field of one Nathuwa at about 1.30 AM, the appellant No. 2 Chhedu duly armed with a gun, the appellant No. 4 Subedar duly armed with a country made pistol and the a