( 1 ) THE appellants Jagatpal, Munna alias Avadh Behari, Kallu alias Ram Behari, Shyam Behari, Naresh and Swami Saran were convicted under Section 302 read with Section 149 IPC and sentenced to imprisonment for life by Sri L. S. Shukla, VI Additional Sessions Judge, Fatehpur, in S. T. No. 210 of 1979. Under Section 148 IPC they were sentenced to one years R. I. Under Section 201 IPC they were sentenced to three years R. I. and a fine of Rs. 100/- each and in default of payment of fine they were further to undergo six months R. I. Accused- appellant Swami Saran was further convicted under Section 324 IPC and sentenced to one year R. I. These sentences were to run concurrently.

( 2 ) AGGRIEVED by the above said conviction and consequent sentences the present appeal was preferred by these appellants.

( 3 ) THE occurrence in this case allegedly took place, according to the F. I. R. on 9-10-1978 at 1. 3-0 p. m. in the Gher of the deceased at his well in village Bada Tiwari Purka Derha, Majra Sar-kundi, P. S. Asodhar, District Fatehpur. Swami Saran, Jagatpal and Kallu alias Ram Behari along with two unknown persons armed with guns. Munna alias Avadh Behari armed with Ga