The murder of one Jhandu Singh resident of village Sikandarabad, Police Station Usehat, District Budaun is the subject matter of the present appeal. The five appellants, namely, Rameshwar, Shyam Pal, Jamadar, Ram Kishan and Onkar were tried in Sessions Trial No. 488 of 1982 before Additional Sessions Judge, Budaun, who convicted all of them under Section 148 IPC and 302 read with Section 149 IPC by judgment dated 26th April, 1985. Shyam Pal and Jamadar are real brothers and again Ram Kishan and Onkar are real brothers. All of them are said to be the associates of Rameshwar, being thick with him. Each of them has been sentenced to undergo rigorous imprisonment for one year for the offence under Section 148 IPC and life imprisonment under Section 302 read with Section 149 IPC. Aggrieved, they have preferred this appeal.

2. The incident took place on 3rd August 1982 at about 6. 45 a. m. near the grove of Jatavs in village Sikandarabad, P. S. Usehat, District Budaun. The report was lodged by an eye-witness Suresh Pal Singh PW-1 at the concerned Police Station the same day at 2. 10 a. m. The distance of place of occurrence from the Police Station was 18 kms. The deceased