This appeal is directed against the judgment and order passed on 6-9-1978 by Sri P. K. Jain, the then VII Additional Sessions Judge, Farrukhabad in Sessions Trial No. 433 of 1977. The learned Judge convicted the two appellants Ram Dev under Section 302, I. P. C. and under Sections 307/34, I. P. C. and Subhakar under Section 302/34, I. P. C. and Section 307, I. P. C. simpliciter. Under Section 302 I. P. C. and 302/34, I. P. C. the two were sentenced to imprisonment for life and on the second count, each one was sentenced to five years rigorous imprisonment and the sentences were made concurrent.

2. The occurrence allegedly took place in the night between 12/13-6-1977 at about 10 or 10-30 P. M. in the court-yard of the house of the deceased Ramchandra in village-Gudera, which lies within the area of out- Post-Amritpur, Distt. Farrukhabad. At a distance of eight miles from the place of occurrence, the first information report was lodged by Ram Saran who claims to be an injured witness (PW 1) at 6-30 A. M. on 13-6-1977. It has now been ascertained that it was a dark night. The moon rise in Allahabad was at 137 A. M. and it has set the next morning at 13. 46 hours. There