This appeal arises out of the judgment and order dated 223. 1980 passed by Shri P. C. Saxena, the then Session Judge, Pilibhit in Session Trial No. A-189 of 1979 State v. Brahma Swaroop and others, convicting the appellants under Section 302/34 I. P. C. and sentencing each of them to undergo life imprisonment.

2. The brief facts of this case are that on 17-10-79, the deceased Ram Singh had gone to Bisalpur in connection with the Pairvi of a case which was pending between Pooran and the accused and from there he was to return by bus in the afternoon. He and Pooran used to get down from the bus at Bilsanda and. due to enmity of the accused persons with the deceased, some of his sons used to receive him at Bilsanda Bus Stand wherefrom they used to come together on foot. On the day of incident also, two sons of the deceased, namely, Jhabboo Singh, informant P. W. I and Pahalwan Singh along with their uncle Khurram Singh P. W. 2 met the deceased at Bilsanda Bus Stand at about 4. 30 P. M. Pooran was also in the company of the deceased at that time and these five persons started journey on foot towards their village. At about 5 P. M. when they reached near the grove of Dur