This is a criminal appeal against the judgment and order dated 17-12-1979 passed by the then learned Sessions Judge, Banda in Session Trial No. 207 of 1979 convicting the appellants Vinod and Kishori Lal under Section 302, I. P. C. simpliciter and Section 302 read with Section 34, I. P. C. and sentencing them to imprisonment for life respectively thereunder.

2. The prosecution case briefly stated is that the informant Chandra Bhan Singh PW 2 is a resident of village Khandeha within the circle of Police Station Mau, District Banda. His real cousin Ramesh Chandra Singh deceased was a lawyer in Karwi. He along with other members of his family was living in Mohaila Nai Bazar, Karwi. There was a long standing enmity bet ween Chandra Bhan Singh PW 2 and the other members of his family on the one side and the accused Kishori Lal of his village on the other. The regional youth rally was going on at Chitrakoot Inter College, Karwi. The deceased Ramesh Chandra Singh had gone to witness that rally. Chindra Bhan Singh PW 2 along with Ram Singh, PW 5 and Natthu ha d also come from Khandeha to see that rally. They met Ramesh Chandra Singh deceased at the rally. The sports were o