The main legal point established in the judgment is the requirement for credible and unimpeachable evidence to establish guilt beyond reasonable doubt.

( 1 ) SIX persons, namely. Asha Ram, Magan, Chandrika, Ram chhattar, Shiv alias Shiv Prasad and Ghan shyam were tried by the IInd Additional sessions Judge, Bahraich in Sessions Trial no. 70 of 1997 for offences punishable under Ss. 147, 148, 302/149 and 201 of the indian Penal Code. Vide judgment and or dated 15-12-2001, the learned Judge acquitted Magan. Ram Chhattar, Shiv alias shiv Prasad and Ghan Shyam on all the counts but convicted and sentenced Asha ram and Chandrika In the manner stated hereinafter: (i) Under S. 147, I. P. C. to undergo six months R. I. (ii) Under S. 148, I. P. C. to underttd ne years R. I. ; and (iii) Under Ss. 302/149. 1. P. fc. to undergo imprisonment for life and to pay a fine of rs. 200/- each. In default to undergo 10 days simple imprisonment. The learned Judge directed the sentences of Asha Ram and Chandrika on all the counts to run concurrently.

( 2 ) AGGRIEVED by their convictions and sentences Asha Ram and Chandrika pre-ferred in this Court Criminal Appeal No. 54 of 2002 and Chandrika Criminal Appeal No. 187 of 2002. As a matter of fact Cri. Appeal no. 187 of 2002 should not have been, en-tertained by this Court because Chandrika, the sole appellant in it was also the appel-lant in Cri, Appeal No. 54 of 2002, It was entertained because the concerned clerk of the criminal section failed to make an en-dorsement on it that Chandrikas appeal (Cri. Appeal No. 54 of 2002) had already been passed.

( 3 ) SINCE both these appeals arise out of a common factual matrix and impugned judgment, we are disposing them of by a common Judgment.

( 4 ) SHORTLY stated the prosecution case runs as under:. . The informant Jamidar (P. W. 1) is the son of the deceased Hira Lal and the real brother of deceased-Talukdar and Faujdar. At the time of the incident the informant, the three deceased persons. Ramanand (P. W. 2 ). Urmila (P. W. 3) and appellants-Asha. Ram and Chandrika -were living in village gadattytm Purwa, hamlet of Rakhauna within the limits of Police Station Khairighat in district Bahraich. Appellants-Asha Ram and Chandrika, and the acquitted accused-Magan, Ram chhattar alias Lallu. Shiv alias Shiv Prasad and Ghan Shyam are interconnected and inter-related. Appellant-Chandrika and ac-quitted accused-Magan are the nephews of appellant-Asha Ram and Ram Chhattar is brother in law (wifes brother) of appellant-Ash a Ram. Shiva alias Shiv Prasad and ghan Shyam are the associates of the remaining appellants. Prior to the Incident enmity was subsisting between appellant Asha Ram on one hand and the three deceased persona on the other. At the time of the incident a dispute arising out of a grove was subsisting between appellant-Asha Ram and deceased-Hira Lal. Deceased-Faujdar had illicit relations with the wife of one Pahalwan of village Barhi. On account of it appellant-Asha Ram and others had ex-communicated the informant and others. On 18-9-1996 at about 8 p. m. appellants-Asha Ram and Chandrika along with acquitted accused-Magan, Rain Chhattar and Ghan Shyam came to the House of faujdar and Talukdar (deceased) who lived in separate houses in the immediate proximity of the informants house and took them to consume liquor. All of them conaumed liquor at the house of appellant -Aaha Ram. On the said date at about 8-9- p,m. Faujdar came to his house, accompanied by appellants-Asha Ram and Chandrika and acquitted accused-Chan Shyam. Magan, and Ram chhattar and in the presence of hia neighbour Ramanahd asked his daughter Urmila (P. W. 3) to give him mustard oil in a bottle which was required for cooking fish at the house of Ram Chhattar. Faujdar told Urmlla that she should eat and sleep and he would be eating at Ram Chhattars place. Thereafter Faujdar and others went away. At about 11 p. m. Talukdar came back to his house. On the night of 18/19-9-1996 the informant Jamidar slept at his door along with his brother-in-law Deba (P. W. 5) Chandrika (P. W. 4) another brother-in-law of the informant slept