Balak Ram, Ram Kishan Awasthi and Onkar Nath alias Guddu have preferred this appeal against the judgment and order dated 19-6-1996/20-6-1996 of Sri Jagdish Prasad, Spe cial/additional Sessions Judge, Kheri convicting and sentencing appellant Balak Ram under Section 302, IPC to imprison ment for life and appellants Ram Krishna and Onkar Nath alias Guddu under Sec tion 302/34, IPC to imprisonment for life.

2. The prosecution case is that on 8-2-1993 informant Brii Nandan son of Jang Bahadur Tewari of village Kairaha, P. S. Dhaurahra, district Kheri, his elder brother Gokul Nandan (deceased) in the company of co- villagers Ram Prakash and Keshav Ram were returning to their vil lage Karuwa in a tractor (USH 3067) after getting their sugarcane weighed at the cane center Basantpur and leaving the laden trolley at the centre. The tractor was being driven by Gokul Nandan. The younger brother Jagdish Nandan and Surrendra Kumar were coming behind the tractor on a motor-cycle. When the tractor was nearing trij unction known as khar-vahiya Karanha Tiraha at about 5. 30 p. m. appellants accompanied by an unknown person, who was on a bicycle, appeared and signalled the tractor to